Clermont DUI Manslaughter Lawyer

Like every other state, Florida takes driving under the influence (DUI) extremely seriously. It imposes increasingly harsh penalties for DUI offenses depending on how impaired a defendant was and how much harm they allegedly caused other people. The most severe variant of this offense is “DUI manslaughter,” which entails someone being in actual physical control of a motor vehicle while impaired by alcohol or drugs, and directly or indirectly causing another person’s death.

Dealing with a criminal charge of this nature is not something anyone should try to do without an experienced DUI defense attorney on their side. If you have been arrested by the Clermont Police Department and are also being held liable for directly causing a fatal accident, you should make contacting a Clermont DUI manslaughter lawyer your top priority.

What Qualifies as “DUI” in Clermont?

Under Florida Statutes § 316.183, someone is considered “impaired” to a degree that makes them legally unable to operate a motor vehicle if they have a blood alcohol concentration (BAC) equal to or exceeding 0.08 percent, as determined by blood or breath testing. Alternatively, police officers in Clermont and throughout the state of Florida have the authority to pull over any driver they believe to be significantly impaired by alcohol or drugs and have them complete field sobriety tests. The results of these tests can serve as grounds for a DUI arrest if you fail to complete them to the officer’s satisfaction.

A first-time DUI offense which does not involve any kind of traffic collision is generally treated as a misdemeanor. This means penalties upon conviction would generally be in the range of hundreds of dollars in fines and a maximum jail term of under one year. However, anyone who drives drunk in Clermont and then directly or indirectly contributes to another person’s death may be prosecuted for DUI manslaughter, a far more serious offense.

Unique Penalties for DUI Manslaughter Convictions

Under the same statute mentioned above, DUI manslaughter is generally treated as a second-degree felony regardless of whether the person facing the charge has a history of convictions for DUI or convictions of any other type of crime. In addition to the standard penalties for a second-degree felony, which include up to fifteen years in prison and a maximum $10,000 fine, individuals convicted of DUI manslaughter are subject to:

  • A mandatory minimum four-year prison term
  • Impoundment of their personal vehicle(s)
  • The permanent revocation of their driver’s license
  • Various other requirements which may include community service and completion of substance abuse classes

Furthermore, anyone who drives drunk, gets involved in a wreck which directly or indirectly causes someone else’s death, and then illegally flees the scene may have their DUI manslaughter charge in Clermont elevated to a first-degree felony. As a criminal defense attorney can explain, this means the maximum prison term applicable upon conviction would be 30 years.

Contesting Allegations of DUI Manslaughter

Many of the same defense strategies which may be applicable to a standard DUI charge can also be applied when contesting a charge for DUI manslaughter. For example, if an officer’s assertion that you were intoxicated came from an improperly performed field sobriety test or from an unlawfully executed traffic stop, your DUI manslaughter lawyer in Clermont can motion for all evidence gathered from those unlawful encounters to be thrown out.

Likewise, if there is no clear link between your alleged drunk driving and the death of any other person, you cannot be convicted specifically of DUI manslaughter. While you may still face criminal penalties for a lesser offense in this scenario, those penalties are less significant than those associated with a second-degree or first-degree felony offense.

Get in Touch with a Clermont DUI Manslaughter Attorney Today

Even if you had no intention of causing any harm to anyone else, you can still be held criminally and civilly liable for any death that occurs through a drunk driving crash. On top of that, a single criminal conviction for DUI manslaughter could leave you facing years of prison time, thousands of dollars in fines, and the permanent loss of certain civil rights. This is true even if you have never been convicted or even arrested for any criminal offense before.

If you want to achieve the most favorable resolution possible, working with a Clermont DUI manslaughter lawyer will be essential. Call today to schedule a free confidential consultation.

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    Clermont DUI Manslaughter Lawyer
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