At Van Elswyk Law, we represent individuals facing some of the most serious DUI-related charges under Florida law, including DUI manslaughter. This offense involves allegations of driving under the influence of drugs or alcohol and causing a fatal accident. A DUI manslaughter conviction carries mandatory prison time and life-altering consequences.
If you or someone you care about has been arrested for DUI manslaughter in Florida, it’s important to understand what’s at stake and what defenses may apply. We’ll help you evaluate your options and fight for the best possible outcome.
What Is DUI Manslaughter?
Under Florida Statute § 316.193(3)(c)(3), DUI manslaughter is a second-degree felony charge. It applies when someone operates a vehicle while impaired and causes the death of another person or unborn child.
This offense is more than a typical DUI and carries far steeper consequences. In some cases, if the driver is accused of leaving the scene, the charge may be upgraded to a first-degree felony.
Florida prosecutors treat these cases with urgency. So do we.
DUI Manslaughter Penalties in Florida
Florida law imposes mandatory minimum penalties for DUI manslaughter. Judges have limited discretion when it comes to sentencing.
If convicted, you face:
- Minimum 4 years in prison, with a maximum of 15 years
- Up to 15 years of probation
- Fines up to $10,000
- Permanent revocation of your driver’s license
- A felony conviction on your record
- Possible civil lawsuits from the victim’s family
- Long-term consequences for immigration, housing, and employment
If the state alleges that you fled the scene, the charge becomes a first-degree felony, punishable by up to 30 years in prison.
What the State Must Prove
In a DUI manslaughter case, prosecutors must prove all of the following:
- You were in actual physical control of a vehicle
- You were under the influence of alcohol or drugs to the point of impairment, or your BAC was 0.08% or higher
- Your driving caused or contributed to someone’s death
Evidence often includes breath or blood test results, accident reconstructions, surveillance footage, and witness statements.
Challenging the Evidence
DUI manslaughter cases are built on scientific testing and witness claims, but neither is foolproof. We look closely at how the evidence was gathered, preserved, and presented.
Some common issues we look for include:
- Faulty breathalyzers or blood testing procedures
- Improperly stored samples or a broken chain of custody
- Unreliable field sobriety tests, especially in poor conditions
- Witness inconsistencies
- Law enforcement errors during stops, arrests, or questioning
We may be able to exclude certain evidence altogether or use flaws to create reasonable doubt before a jury.
Defense Strategies We May Use
Each case is different, and we develop a defense that fits the facts. Depending on what happened, we may argue that:
- The arrest was unlawful or based on an unconstitutional stop
- The BAC test results are invalid or inaccurate
- Impairment did not exist at the time of the crash
- You did not cause the accident or were not the primary cause
- Medical or physical conditions affected your ability to perform sobriety tests
- Witness statements do not align with the physical evidence
We also work with outside professionals, such as accident reconstructionists and toxicologists, when needed to challenge the prosecution’s case.
The Value of Strong Legal Defense
The outcome of a DUI manslaughter case can define the rest of your life. You’re facing serious prison time, a felony record, and lasting damage to your reputation.
Prosecutors have significant resources behind them. We make sure you’re not facing them alone. At Van Elswyk Law, we’ll build a defense based on the facts, not assumptions. We’ll help you understand your options, whether that means seeking reduced charges, negotiating a plea, or going to trial.
We’re committed to protecting your freedom and your future.
Contact an Experienced Bradenton, Sarasota, Tampa DUI Manslaughter Defense Attorney
If you’ve been charged with DUI manslaughter in Florida, contact Van Elswyk Law for a confidential case review. We’ll take the time to hear your side, review the evidence, and help you move forward with clarity and confidence.