A drunk driving crash that ends in a death is one of the most serious cases a driver can face. In Florida, prosecutors charge it as DUI manslaughter, a felony that carries a mandatory prison sentence. If you or someone you love faces a DUI manslaughter charge in Florida, the steps you take in the first days after the crash can shape the whole case.
At Hassett & Associates, P.A., attorney Kenneth P. Hassett has defended people accused of serious crimes in Broward, Miami-Dade and Palm Beach Counties for more than 30 years. This guide explains how Florida law defines DUI manslaughter, what penalties apply, and how a defense lawyer approaches these cases.
What Is DUI Manslaughter in Florida?
Florida’s DUI statute, section 316.193 of the Florida Statutes, defines DUI manslaughter. To win a conviction, the State must prove three things:
- Impairment. The driver was under the influence of alcohol or drugs. Under the law, that means their normal faculties were impaired, or their blood or breath alcohol level was 0.08 or higher.
- Driving. The person drove the vehicle or was in actual physical control of it.
- Causation. The driving caused or contributed to the death of another person or an unborn child.
The last point surprises many people. The State does not have to prove that the driver was the only cause of the crash. Instead, it only has to show that the impaired driving caused or contributed to the death. For this reason, the facts of the crash often matter as much as the alcohol or drug evidence.
DUI Manslaughter vs. Vehicular Homicide in Florida
DUI manslaughter and vehicular homicide are related charges, but they are not the same. Vehicular homicide, under section 782.071, does not require proof of impairment. Instead, prosecutors must show that the driver drove in a reckless way that was likely to cause death or great bodily harm.
DUI manslaughter, on the other hand, turns on impairment. In some cases, the State files both charges. As a result, a weak blood test does not always end the case, so the defense must be ready to answer both theories.
Florida DUI Manslaughter Penalties
In most cases, DUI manslaughter in Florida is a second-degree felony. That level of felony carries up to 15 years in prison and a fine of up to $10,000.
However, the charge becomes a first-degree felony, with up to 30 years in prison, in two situations:
- The driver knew or should have known about the crash and failed to give information and render aid.
- The driver has a prior conviction for DUI manslaughter, boating under the influence manslaughter, vehicular homicide or vessel homicide.
Florida’s sentencing rules also rank DUI manslaughter at Level 8. The version involving a failure to render aid ranks at Level 9. These rankings drive the sentencing scoresheet, which we explain next.
What Is the Minimum Sentence for DUI Manslaughter in Florida?
Florida law sets a mandatory minimum sentence of four years in prison for anyone convicted of DUI manslaughter. The judge cannot go below that floor, even for a first offense.
In practice, however, the sentence is often much longer than four years. The Criminal Punishment Code gives a Level 8 offense 74 points. Each death adds 120 victim injury points. So for a single death, with no prior record and no other charges, the total is 194 points.
Under the scoresheet formula, 194 points produce a lowest permissible sentence of 124.5 months in state prison. That is a little more than 10 years.
A judge may go below the scoresheet only when the law allows a downward departure. Even then, the sentence cannot fall below the four-year minimum. That is why a careful review of the scoresheet and any mitigating facts is a key part of the defense.
Is There an Average DUI Manslaughter Sentence in Florida?
People often ask about the average jail time for DUI manslaughter. There is no reliable average, because each sentence depends on the scoresheet, the facts of the crash, the driver’s history and the judge.
The maximum is 15 years for a second-degree felony and 30 years for a first-degree felony. An experienced Fort Lauderdale criminal lawyer can estimate a likely range only after reviewing the evidence and the scoresheet.
Other Consequences of a Conviction
Prison is not the only penalty. A conviction can also bring:
- Permanent license revocation. The court must permanently revoke the driver’s license.
- A narrow path back to driving. A person with no prior DUI convictions may later ask the state for a hearing. The earliest date is five years after the revocation or after release from prison, whichever comes later. The person must also show five years without drug use and finish a DUI program. If the state agrees, the person may drive only for work for at least one year, under the supervision of a DUI program.
- A permanent felony record. A felony can affect jobs, housing, professional licenses, gun rights and, for non-citizens, immigration status.
- Restitution and civil claims. The court may order restitution, and the family may also file a separate wrongful death lawsuit.
How These Cases Begin in Broward County
After a fatal crash, the Florida Highway Patrol, the Broward Sheriff’s Office or a local police department usually calls in traffic homicide investigators. These officers photograph the scene, measure skid marks, download vehicle data and interview witnesses. Their findings often form the backbone of the State’s case.
Florida law also lets an officer demand a blood test when there is probable cause to believe an impaired driver caused a death or serious bodily injury. Under section 316.1933, the officer may even use reasonable force. However, how medical staff drew the blood, and how the lab stored and tested it, can become a major issue later. So can the question of whether officers needed a warrant.
After the arrest, the accused person sees a judge at first appearance, usually within 24 hours. The judge reviews probable cause and sets bond and release conditions. Then prosecutors with the Broward State Attorney’s Office decide what charges to file. The case moves forward in felony court in the Seventeenth Judicial Circuit.
Mr. Hassett also defends DUI manslaughter cases in Miami-Dade and Palm Beach Counties, where the same Florida law applies.
Common Defenses to DUI Manslaughter Charges in Florida
Every case is different, and no lawyer can promise a particular result. Still, a thorough defense looks closely at several areas:
- Causation. Did the impairment actually cause or contribute to the death? Another driver, a pedestrian in the road, a sudden medical emergency, poor lighting or a vehicle defect may explain the crash.
- Blood and breath evidence. The defense can challenge how the hospital or lab collected, stored and analyzed the sample. The time between driving and testing also matters.
- Constitutional issues. A court may throw out evidence that police obtained in violation of the Fourth Amendment. One example is a blood draw taken without a warrant, valid consent or a legal exception. The court may also exclude statements that police took without proper Miranda warnings.
- Crash reconstruction. An independent reconstruction expert can test the State’s findings on speed, point of impact and timing. Data from the car’s event data recorder often plays a central role.
- Who was driving. In some crashes, it is not clear who was behind the wheel.
- Sentencing mitigation. Even when the evidence is strong, a prepared defense can present facts that support a lower sentence within the limits of the law.
Before he founded his firm, Mr. Hassett worked at the Public Defender’s office, where he represented thousands of people accused of crimes. That background shapes how he examines the State’s evidence and the police investigation.
What to Do If You Are Under Investigation
If police are investigating you after a fatal crash, or have already made an arrest, these steps can help protect your rights:
- Do not discuss the crash. Avoid talking about the case with police, insurance adjusters or anyone on social media until you speak with a lawyer. You have the right to remain silent. Learn more about talking to police without a lawyer.
- Call a defense attorney right away. Video footage, vehicle data and witness memories can disappear quickly.
- Watch the 10-day deadline. If you received a notice of license suspension, you generally have only 10 days to request a review hearing with the Department of Highway Safety and Motor Vehicles.
- Write down what you remember. Share your notes only with your lawyer.
About Hassett & Associates, P.A.
Kenneth P. Hassett founded Hassett & Associates, P.A. in 1995. He earned his law degree from St. Thomas University School of Law in 1991. Today he is admitted to practice in all Florida state courts and in the U.S. District Courts for the Southern, Middle and Northern Districts of Florida.
Mr. Hassett has served as president of the Broward Association of Criminal Defense Lawyers and of the Miami Chapter of the Florida Association of Criminal Defense Lawyers. He has also led the South Broward Bar Association and the Coral Gables Bar Association.
The firm handles DUI cases of every kind, from first-time arrests to fatal crashes. Learn more about our Fort Lauderdale DUI defense and manslaughter defense services. Clients meet with the firm at its main office in Davie, at its Fort Lauderdale office, or in Miami by appointment. Hablamos español.
Contact a Fort Lauderdale DUI Manslaughter Lawyer
A DUI manslaughter charge in Florida puts your freedom, your license and your future at risk. The State starts building its case at the scene, so the sooner you have a lawyer, the more options you may have.
If you or a loved one is facing a DUI manslaughter investigation or charge, contact Hassett & Associates, P.A. at (954) 791-3939. The firm answers calls 24 hours a day, seven days a week, and offers a free consultation. You can also reach us through our contact page. Attorney Kenneth P. Hassett will review the facts, explain your options and start working to protect your rights.
This article provides general information about Florida law and is not legal advice. Every case depends on its own facts, and no attorney can guarantee a particular outcome.
