Florida and Orange County law enforcement agencies have no tolerance for impaired driving. For many revelers, one drink can shoot them over the legal limit of 0.08 blood alcohol concentration (BAC) and deliver them into the criminal justice system. Even if an officer deduces you are impaired without registering a 0.08 BAC, you can still be charged.
If the circumstances deteriorate to your causing someone else’s death, either directly or indirectly, you are looking at a second-degree felony with severely impactive penalties. Contact our local DUI lawyers for assistance. Remember that an arrest does not mean you are guilty, the prosecutor has a high burden to prove that, but it is imperative at this point to contact an Orange County DUI manslaughter lawyer for help.
Motorists do not need to have to have the intent to drive recklessly while under the influence of alcohol or controlled substances. The act itself, while meeting the key elements of the crime, is enough for prosecutors to charge motorists with DUI manslaughter. According to Florida Statutes § 316.193(3)(c)(3), DUI manslaughter’s definition is a motorist who is impaired by drugs or alcohol while in physical control of a motor vehicle, and causes or contributes to the death of another. The motorist only needs to sit in the auto or on the motorcycle to be deemed in control, if the ability exists to operate it.
The penalties for DUI manslaughter are harsh and aggravating factors such as previous convictions, leaving the scene of the accident, and an extremely high BAC give the judge an opportunity to order even harsher ones. Let an Orange County lawyer strategize with you as soon as possible after an arrest for DUI manslaughter so our firm can determine the best course of action to protect your rights.
Although DUI manslaughter is a second-degree felony, it is not uncommon for judges to charge it as a first-degree felony if the circumstances call for it, including fleeing, failing to render aid, and failing to provide information to law enforcement.
As a second-degree felony, those convicted must serve a minimum of four years in prison, even for a first offense, but could be sentenced to up to 15 years in prison. If charged as a first-degree felony, a conviction will bring up to 30 years in prison and other penalties. Additional penalties for second-degree convictions include:
The social penalties for DUI manslaughter are not often discussed, but those convicted will face ostracism by friends, family members’ embarrassment, and roadblocks to getting loans and jobs. Voting rights are revoked, as is the ability to own a firearm. An arrest demands quick action by contacting an Orange County DUI manslaughter attorney now.
Our criminal defense attorneys employ a plethora of defenses and mitigating circumstances, depending on the situation, to reduce, dismiss, or render a client not guilty. For example, law enforcement must have probable cause to stop motorists they believe are breaking the law. Motorists stopped without probable cause can have any subsequent evidence suppressed. Field sobriety tests are notoriously unreliable, including because a motorist asked to stand on one leg could have balance issues from back or knee injuries and a 260-pound person will process alcohol differently than a 110-pound person. Just because an officer smells alcohol does not mean the motorist exceeds the BAC limit.
Some defenses turn on the violation of constitutional rights. An improper stop in which an empty liquor bottle is seized may be unconstitutional, and failing to read a suspect their Miranda rights, and allowing them to keep talking, may also be suppressed as evidence. Do not let law enforcement intimidate you. An Orange County DUI manslaughter attorney can vigorously defend you.
Our attorneys dedicate themselves to fighting for clients caught up in the criminal justice system and in need of a champion. The long-term consequences can be devastating if the wrong attorney cannot direct efforts through the proper channels to help you.
A DUI manslaughter charge can wreak havoc on you now and into the future, but there are legal avenues to mitigate the charges. You can learn about your options and how our law firm can advocate for you by calling an Orange County DUI manslaughter lawyer now.
The Umansky Law Firm Criminal Defense & Injury Attorneys
