DUI Manslaughter in Florida – Is it Considered A Violent Crime?
In the Sunshine State, a DUI manslaughter charge is a serious offense that can result in harsh penalties and serious jail time. If you have been charged with DUI manslaughter, it’s important to understand what the crime entails and how it differs from other offenses…
What is the Legal Definition of DUI Manslaughter in Florida?
DUI manslaughter is defined as the killing of another person while driving under the influence of alcohol or drugs. The legal definition of DUI manslaughter includes four elements:
- You were operating a motor vehicle on a public street, highway or road in Florida.
- You were under the influence of alcohol or drugs at the time you operated your motor vehicle.
- Your actions caused another person’s death (or serious bodily injury).
- You knew that your actions could cause such harm to others
What are the Penalties?
Unfortunately, most charges stemming from an accident that results in harm to another are classified as violent crimes, and this one is included. Though, the legal definitions and level of punishment can vary depending on the situation, which a lawyer is often apt to argue to a judge.
Criminal Defense Strategies for Charges
There are a number of defenses that can be raised in a case. The most common defense is challenging the blood alcohol level, which is often done by challenging the accuracy of the breathalyzer machine used to take your BAC test.
Another common defense is challenging prosecution’s evidence. This can include challenging where they obtained their evidence, how they obtained it and/or whether or not they had probable cause to search you or your vehicle in the first place.
Another strategy is challenging an officer’s testimony regarding what happened during your arrest because sometimes police officers will lie under oath (and even commit perjury) in order to secure convictions against defendants who have been charged with crimes like DUI Manslaughter or Vehicular Homicide.
Hiring an Attorney
When you are facing charges, it is important to hire an experienced lawyer. A DUI manslaughter attorney will be able to help you with your case and provide legal advice for your situation. Before hiring an attorney, there are several questions that you should ask them:
- Are they familiar with the local courts?
- How long have they been practicing law?
- What are their qualifications?
- What percentage of their practice is devoted to criminal defense cases like this one?
DUI manslaughter is a serious crime that can have life-altering consequences. If you are charged with DUI manslaughter in Florida, it is important to know your rights and how best to proceed with your case.
Our team at Tampa Crime Attorneys can help you understand the charges against you and ensure that your rights are protected throughout the legal process.