DUI manslaughter under Florida law occurs when someone who operates a motor vehicle is guilty of DUI (driving under the influence) as defined in Florida Statutes Section 6.193(1) and who, as a result of operating a motor vehicle under the influence causes or contributes the death of any human being or unborn viable fetus.
Why should I Contact a Criminal Defense Attorney?
Contacting a criminal defense attorney, like the attorneys at Plotnick Law is critical if you’re facing a DUI manslaughter felony.
DUI manslaughter is a serious second-degree felony in Florida punishable which is punishable by up to 15 (fifteen) years in prison and a $10,000.00 fine. Florida law also requires a minimum mandatory sentence of four-year imprisonment for anyone convicted of DUI manslaughter. See. 316.193(3)(c)3, Florida Statutes. In addition to the four-year minimum mandatory prison sentence required by Florida Statutes, other factors may affect whether you can ever obtain a driver’s license after a felony DUI conviction.
If the driver has no prior DUI-related convictions, the driver may be eligible for hardship reinstatement after five years have passed from the date of revocation, after the period of incarceration ended. The driver would have to meet the following requirements:
- the driver has not been arrested for any drug-related offense for at least the five years period prior to the hearing
- the driver has not driven a motor vehicle without a license for at least the five years period prior to the hearing
- the driver has not consumed any drugs or alcohol during the five year period prior to the hearing
If driving privileges are reinstated, the driver will also be required to install an ignition interlock device for a two-year period. The driver must complete DUI school and be supervised under the DUI program for the entire period of the license revocation.
After a conviction for DUI Manslaughter, the Florida Department of Highway Safety and Motor Vehicles is required to impose a mandatory permanent (lifetime) revocation if the driver has any prior DUI convictions.
If you have been charged with any criminal offense – felony/misdemeanor or involved in any type of accident, call attorneys Marc Plotnick and Paul Horning of Plotnick Law Firm at (727) 619-1827.