In the State of Florida, you will be classed as driving under the influence of alcohol if you are caught driving with a blood alcohol content or breath alcohol content of 0.08%, as is stated in Florida Statute 316.193. If this has happened to you, you will likely be charged with a DUI.
Driving under the influence is seen as such a serious crime in Clearwater, and the rest of Florida, because alcohol and drugs can dramatically decrease your reaction times, make you less aware of your surroundings, and limit your vision. This creates potentially dangerous situations for you, other road users, passengers, and pedestrians.
Because of the strong effects that alcohol has on your driving, it is not uncommon for DUI accidents to, unfortunately, be fatal. If you have unwillingly or unintentionally committed homicide while driving under the influence, then you will be facing charges of DUI manslaughter and should contact a Florida criminal defense attorney. The Clearwater-based lawyers at The Law Place would be able to help you with your DUI defense and reduce the severity of the penalties that you face. Our law firm offers a free consultation for any client-facing criminal charges. So, contact us today to speak to one of our experienced DUI manslaughter attorneys at (941) 444-4444 and to book your free consultation.
What Are the Different Types of Manslaughter in Clearwater, FL?
In Clearwater and elsewhere in Florida, manslaughter cases are divided into two different categories. You will be facing very different penalties depending on which charge you face, and these sentences will only get more severe if you committed them under the influence of alcohol. Below are the two different categories:
- Voluntary manslaughter – This is defined as a homicide that is intentionally committed whilst provoked.
- Involuntary manslaughter – This is defined as the act of involuntarily committing a homicide.
DUI manslaughter is classed as involuntary manslaughter. This is because, while you are operating a moving vehicle under the influence of enough alcohol or drugs to cause an accident, you had no intention to hurt anyone.
If you have been charged with DUI manslaughter, then it is highly recommended that you get in touch with a qualified and experienced DUI lawyer who can represent you in court and fight the charges on your behalf. The criminal defense attorneys at The Law Place have excellent knowledge of the Florida legal system and will be able to advise you on how to progress with your case. You can trust that they will do everything possible to ensure that your charges are dismissed or, if your case does go to court, that you face reduced charges or are sentenced to only the most lenient penalties possible. So, call The Law Place today to schedule a free consultation.
What Could You Be Charged With?
DUI manslaughter charges are severe, and so you should expect the penalties you face to also be severe. As there are multiple different types of manslaughter, each charge brings different penalties. However, with every case, the penalties you may receive will depend on the specific situation, including how much alcohol you consumed, whether you had taken illegal substances, the circumstances surrounding your arrest, and more.
DUI manslaughter charges in Clearwater, FL., are also split into separate categories that carry different penalties:
- Ordinary negligence – When a defendant has violated a traffic law and briefly been negligent. An example of this would be a driver looking down at his or her phone while breaking a traffic law and causing a fatality in the process. This is seen as ordinary negligence due to them not massively violating the traffic laws.
- Gross negligence – This is where the driver was acting with extreme negligence and driving incredibly recklessly. An example of this could be the defendant driving up the sidewalk intoxicated and causing one or more fatalities.
Being charged with DUI manslaughter can be a very frightening and confusing experience, and so it would be worthwhile for you to get in touch with a DUI defense attorney who understands the ropes and will be able to advise and guide you through this process. Our Clearwater-based DUI manslaughter lawyers have the experience and skill required to help you and fight on your behalf.
What Penalties Might You Face for Committing DUI Manslaughter in Clearwater, FL?
Each case is different when it comes to manslaughter DUI cases in the State of Florida. Most commonly, when being charged with DUI manslaughter, you will receive the following penalties:
- A fine of up to $10,000.
- Possible permanent driving license removal.
- Community service.
- DUI substance abuse course that must be completed.
- Your vehicle will be impounded.
- A minimum of 4 years in prison, ranging upward to 15 years.
These penalties are life-changing. You could lose multiple years of your life, face time away from family, and be left with a huge amount of debt. If you are charged with DUI manslaughter, it is essential that you find yourself an experienced criminal defense attorney who has experience dealing with Florida DUI cases and representing clients in court. Our law firm can offer you a free, no-obligation consultation and will fight tirelessly for the best possible outcome for you. So, get in touch with us today.
What Is a Felony?
In Clearwater, criminal offenses are mainly divided into two separate categories; misdemeanors and felonies. A felony is much more serious than a misdemeanor crime. Those convicted of a felony face much harsher penalties, and DUI manslaughter is classed as a felony. On top of this, in Florida, the most skilled and experienced prosecutors are put into the courtroom for these cases.
If you are charged by law enforcement with DUI manslaughter in Clearwater, FL., then you will also be charged with a second-degree felony, which is the second-highest type of felony you can receive in the State of Florida. However, this can be increased to a first-degree felony if the defendant doesn’t offer information and help toward the case, which could ultimately result in even harsher penalties.
Because of the severity of the charge of DUI manslaughter and the weight of the penalties attached, it’s essential that you get in touch with a skilled criminal defense lawyer. A Florida DUI attorney from The Law Place will be able to build a defense against the charges that you face and fight to ensure you receive only the most lenient penalties possible if any at all. So, if you have been charged with DUI manslaughter or any other felony, then you should call our lawyers today and book a free consultation.
How Could a Lawyer Defend You in Court in Clearwater, FL?
When it comes to a charge like DUI manslaughter, it’s important to hire a lawyer who knows how to navigate the Florida law system. An experienced DUI defense attorney from The Law Place would know and fully understand all the potential defenses they could use on your behalf to ensure that you receive the most favorable result possible. Each of our Clearwater-based lawyers has fought on their clients’ behalf in many DUI manslaughter cases and so will be well-equipped to defend you and fight to get your case dismissed. Below are some of the common defenses used in court for DUI manslaughter cases.
Illegal Traffic Stop
As is stated in Florida Statute 901.15, law enforcement can only pull you over if they have probable cause, such as the reasons below:
- The police officer has reasonable suspicion that the driver has committed or was about to commit a traffic violation.
- The police officer has the evidence or inclination that the driver has committed a crime, such as manslaughter.
If a police officer cannot prove they had probable cause to pull you over, then your case can be dismissed in court. For example, if the police officer just pulls you over by chance and doesn’t have evidence to support the reason they pulled you over, then they can’t charge you for DUI.
Inadmissible Breathalyzer Results
Law enforcement must follow a standardized practice when they pull you over. If they do not follow the protocol, then your DUI charge can be dismissed in court. Not only this, but the device used for the breathalyzer test is subject to strict maintenance, and if they can’t prove that the device they used to test you was up to standard, then you could also get your case dismissed.
Contact The Law Place Today!
At The Law Place, our Florida criminal defense lawyers have the skill and knowledge necessary to help anyone with their case, no matter how damning the evidence may seem. The DUI defense attorneys at our law firm have over 75 years of combined experience in dealing with the Florida legal system and winning court cases on behalf of their clients, and so you can trust that they will be more than determined to get your charges dismissed or reduced or ensure you receive the mildest sentence possible.
Our phone lines are open 24 hours a day, 7 days a week, so contact The Law Place today to schedule a free consultation. Call us now at (941) 444-4444.