It happens in an instant. You are tired and stop at a Sports Grill for wings and a drink after work, then end up in an accident. Although it is not unlawful to drink before driving home, it is illegal in Florida for your blood alcohol concentration (BAC) to exceed 0.08. The Lake Mary police could deduce that you are over the limit and arrest you, but matters are much worse if you are in an accident and the other motorist, bicyclist, or pedestrian is killed.
Do not volunteer any information to the police, although you are required to provide identification if able. Do not apologize to anyone until you exercise your right to speak with a DUI attorney. Prosecutors are adept at using your words as an admission of guilt. Once an officer reads you your rights, let them know you want to contact a Lake Mary DUI manslaughter lawyer.
Many crimes require the prosecutor to prove the accused had the intent to cause harm, but this is not the case for DUI manslaughter. It could be enough for charges to be brought against the defendant if they have a BAC over the legal limit or have taken a controlled substance. Under Florida Statutes § 316.193(3)(c)(3), DUI manslaughter applies when an impaired motorist in physical control of a motor vehicle is responsible for another’s death.
DUI manslaughter in Lake Mary is generally a second-degree felony, but a judge will consider aggravating elements, such as a criminal record or a BAC much higher than 0.08, when determining penalties. Our criminal defense lawyers advise you to stay calm and call us. Although the judge considers aggravating elements, we could present any mitigating factors and build a defense that best suits your circumstances.
In extreme cases, the judge could charge DUI manslaughter as a first-degree felony. For example, this could happen in a case in which the accused leaves the scene of the crash and fails to get help for those who are hurt.
A second-degree felony conviction will send a defendant to prison for a mandatory four years and up to 15 years at the judge’s discretion, even for a first offense. The judge can also order fines of up to $10,000, impound the defendant’s vehicle, revoke their driver’s license, order probation up to 15 years, order participation in a court-ordered rehabilitation program for drugs and alcohol, and mandate community service.
First-degree felonies can land a defendant in prison for up to 30 years and fines up to $10,000, along with any additional penalties the judge deems necessary.
There are also other losses someone convicted of DUI manslaughter will incur besides prison time and hefty fines. Carrying a felony criminal record makes housing and jobs harder to get and keep, revokes voting rights, and prevents the ownership of firearms. Friends may distance themselves, and loved ones could become estranged. For help achieving the best outcome in your situation, contact a Lake Mary DUI manslaughter attorney immediately after your arrest.
Our attorneys could review all the evidence in your case, including the police report, witness statements, cell phone and security camera footage, the coroner’s report, and any other information pertinent to building a thorough defense. We could also negotiate with the prosecutor to reduce or dismiss charges and ardently present your case to a jury when necessary. Some defenses we employ include:
All defenses are tailored to the facts in a client’s case. If needed, our DUI manslaughter attorney in Lake Mary could conduct further investigations and consult expert witnesses.
Our attorneys understand your distress after being charged with DUI. On top of your emotional suffering, you may be physically injured and in pain. If someone dies and you are charged with DUI manslaughter, the stakes are higher, adding to your angst.
We could help. Remember, prosecutors must convince juries that you are guilty beyond a reasonable doubt. Eroding that high burden by injecting doubt is our goal. Call a Lake Mary DUI lawyer now so we may begin assessing your case.
The Umansky Law Firm Criminal Defense & Injury Attorneys
