DUI Manslaughter Vs. Vehicular Homicide In Florida: Key Differences Explained

Under Florida law, DUI manslaughter and vehicular homicide are distinct criminal charges, both involving the unlawful killing of another person while operating a vehicle.

Consulting an Orlando DUI manslaughter attorney can help you understand the nuances of these charges and the severe penalties and long-term consequences.

DUI Manslaughter Under Florida Law

DUI manslaughter, as outlined in Florida Statute 316.193(3)(c)(3), occurs when a person operates a motor vehicle under the influence of alcohol or drugs, resulting in the death of another person, including an unborn child. The key factors in DUI manslaughter cases include:

1. Impairment: The driver must be under the influence of alcohol or drugs to the extent that their normal faculties are impaired, or have a blood alcohol concentration (BAC) of 0.08% or higher.
2. Causation: The prosecution must prove that the driver’s impairment directly caused the fatal accident.

Penalties for DUI Manslaughter in Florida

DUI manslaughter is classified as a second-degree felony in Florida, carrying penalties of:

• Up to 15 years in prison.
• Fines of up to $10,000.
• Permanent license revocation.

If the driver leaves the scene of the accident, the charge is elevated to a first-degree felony, punishable by up to 30 years in prison.

Vehicular Homicide Under Florida Law

Vehicular homicide, defined in Florida Statute 782.071, occurs when a driver operates a vehicle in a reckless manner likely to cause death or great bodily harm, resulting in the death of another person. Unlike DUI manslaughter, impairment is not a required element in vehicular homicide cases.

Key Elements of Vehicular Homicide in Florida

1. Recklessness: The prosecution must demonstrate that the driver’s actions went beyond mere negligence and showed a reckless disregard for human life.
2. Causation: Similar to DUI manslaughter, it must be proven that the driver’s reckless behavior directly caused the death.

Penalties for Vehicular Homicide in Florida

Vehicular homicide is generally a second-degree felony, punishable by:

• Up to 15 years in prison.
• Fines of up to $10,000.

If the driver leaves the scene of the accident, the charge becomes a first-degree felony, with penalties of up to 30 years in prison.

Key Differences Between DUI Manslaughter and Vehicular Homicide in Florida

One of the key distinctions between DUI manslaughter and vehicular homicide in Florida lies in the cause of the offense. DUI manslaughter specifically requires proof that the driver was under the influence of alcohol or drugs at the time of the incident, whereas vehicular homicide centers on reckless driving, with no need to establish impairment.

Another major difference involves intent. DUI manslaughter operates under strict liability, meaning intent to kill is not necessary once impairment and causation are proven. Vehicular homicide, however, requires proof of reckless behavior that shows a disregard for human life.

While both offenses carry severe penalties, leaving the scene of the incident elevates the charges, increasing the potential prison sentence significantly for either crime.

Defenses to DUI Manslaughter and Vehicular Homicide Charges in Florida

Defending against these serious charges requires a nuanced approach. Common defenses include:

1. Challenging Impairment Evidence: In DUI manslaughter cases, the defense may question the accuracy of breathalyzer or blood test results or argue that the impairment did not cause the fatal accident.
2. Disputing Recklessness: In vehicular homicide cases, the defense can argue that the driver’s actions did not rise to the level of recklessness required for a conviction.
3. Causation: Both charges require proof of causation. The defense may argue that external factors, such as another driver’s actions or hazardous road conditions, contributed to the fatal incident.
4. Procedural Violations: Any procedural errors during the investigation, such as improper collection of evidence or failure to read Miranda rights, may be grounds for suppressing evidence or dismissing the case.

Contact The Baez Law Firm

Facing DUI manslaughter or vehicular homicide charges in Florida is a daunting and life-altering experience. Both offenses carry severe penalties, including lengthy prison sentences, steep fines, and permanent damage to one’s reputation and career. Given the complexities of Florida’s criminal statutes, securing experienced legal representation is critical to mounting a strong defense.

At The Baez Law Firm, we specialize in defending clients against serious criminal charges, including DUI manslaughter and vehicular homicide. Our skilled attorneys have a deep understanding of Florida law and a track record of achieving favorable outcomes for our clients. We are committed to protecting your rights and fighting for your future.

If you or a loved one is facing DUI manslaughter or vehicular homicide charges in Florida, contact The Baez Law Firm today. Our experienced legal team will provide you with the guidance, support, and defense you need during this challenging time. Call us now for a consultation and let us help you navigate the legal process.

Source:

flsenate.gov/Laws/Statutes/2021/0316.193