Miami DUI Manslaughter Defense Attorneys
A DUI conviction carries serious consequences, such as a driver’s license suspension, canceled insurance policies, extensive courts and fines and a possible jail sentence. DUI manslaughter is an entirely different problem with far more serious repercussions. First and foremost, is that a standard first DUI is a misdemeanor punishable up to 180 days in jail. Florida statute 316.193 mandates that DUI manslaughter is a second degree felony punishable up to 15 years in prison. DUI manslaughter also carries a 4 year minimum mandatory prison sentence. The Florida sentencing guidelines allow for victim injury points both in DUI manslaughter and DUI serious bodily injury cases. The addition of victim injury points in a DUI manslaughter case will significantly increase a defendant’s guideline range. In general, 10 to 12 years will signify the bottom of a defendant’s guideline range. Each Miami criminal lawyer at DMT has extensive experience defending DUI, DUI serious bodily harm, and DUI manslaughter charges. While the penalties for the above mentioned charges are vastly different, any type of DUI conviction will long lasting implications.
The difference between being charged with a first DUI and a DUI manslaughter charge is often times left up to fate. Only the very unlucky ever face the consequences of a manslaughter charge.
To successfully prosecute a DUI manslaughter case, the State of Florida mus t prove that a person charged with this offense was (1) in actual physical control of a vehicle, (2) while in actual physical control of the vehicle, the person was under the influence of drugs or alcohol to the extent that his or her faculties were impaired or the person had a blood or breath alcohol level greater than .08, and (3) as a result of operating the vehicle, the person caused or contributed to the cause of death of the victim. The criminal lawyers at DMT approach these serious types of cases by evaluating every angle of the case. A significant issue that must be evaluated is whether the person charge with the offense was the cause of the accident. If a victim was sole cause of the accident, a defendant will be able to successfully defend the manslaughter charge. Another significant issue is whether law enforcement with assistance of emergency personnel followed the proper procedures in drawing the blood of the suspect.
A well-thought out defense will usually require the hiring of expert witnesses. Experts such as accident reconstruction experts or toxicologists can play an important role in creating a compelling defense. It is important to hire an expert as soon as possible to complete an independent evaluation of the accident to preserve what may be a compelling defense to the offense of DUI manslaughter. Attorneys at DMT have vast experience in motion practice which is also essential to the defense. Motions to suppress evidence or statements that are successful can be the edge required to win a case outright or obtaining a favorable plea offer rather than receiving a lengthy prison sentence. The criminal lawyers at DMT have successfully defended numerous DUI manslaughter cases. The hiring of a qualified attorney can mean the difference between receiving supervised release or short periods of incarceration or spending double digits in prison.
To speak with an experienced Miami DUI manslaughter defense lawyer at the criminal defense law firm of DMT about your case or any other matter relating to a DUI case or DUI investigation, please contact us to schedule a free consultation. You can contact our office at (305) 444-0030 or reach us by completing our contact page or by sending an e-mail.