
Driving under the influence of alcohol or drugs is illegal in North Port, as well as in the rest of the State of Florida and across the country. In fact, Florida has some of the strictest DUI penalties and consequences in the United States. If you are convicted of a DUI or DWI offense in Florida, this will stay on your criminal history record for 75 years. You also won’t be given the opportunity to have this sealed or expunged. So, if you’re facing criminal charges for driving under the influence in North Port, Florida, particularly for DUI manslaughter, you’ll need to contact a North Port criminal defense lawyer as soon as you are able. You want to be sure you have someone in your corner to help you achieve the best possible result for your case.
Here at The Law Place, we have some of the top criminal defense lawyers serving North Port and the State of Florida. When it comes to DUI manslaughter, our team works around the clock to fight criminal charges and get results for our clients. So, if you’ve caused a death whilst driving under the influence, you need to get in contact with The Law Place as soon as possible. One of our experienced criminal defense attorneys will support you through the process and start work on your case immediately.
With over 75 years of combined experience in a variety of practice areas, we’re able to provide excellent legal advice. Many of our team have also received an AVVO lawyer rating of 10.0, so you know you are in safe hands. If you’ve been accused of a crime involving DUI manslaughter in North Port, speak to a criminal defense lawyer today on (941) 444-4444 for a no-obligation, free consultation. Phone lines are open 24/7.
DUI Manslaughter Lawyer in North Port: Statistics for Traffic Incident Fatalities Involving Drugs or Alcohol
Driving under the influence is a prevalent issue in America today. In fact, national statistics from the NHTSA show that nearly 30% of all traffic-related deaths occur because of driving under the influence.
DUI offenses in Florida come with serious penalties, including jail time and fines, which become more severe with each subsequent offense. This underscores the importance of legal representation to navigate these complex cases.
In addition:
- Men are statistically more likely to commit DUI manslaughter than women. In fact, in 2017, there were 4 male drivers involved in DUI fatalities to every 1 female driver.
- Florida has the 3rd highest number of annual drug or alcohol-impaired driving fatalities in the United States.
- Drivers are at the highest risk of committing a DUI crime on the weekend and after dark.
Introduction to Traffic Incident Fatalities
Traffic incident fatalities are a serious concern in the United States, with thousands of lives lost each year due to reckless driving, driving under the influence (DUI), and other forms of negligence. In Florida, the statistics are particularly alarming, with a significant number of fatalities occurring on the state’s roads and highways. As a result, it is essential to understand the causes of traffic incident fatalities and the role that law enforcement officers, criminal defense attorneys, and the general public can play in preventing such tragedies. A skilled criminal defense lawyer can help individuals facing DUI charges or other criminal offenses related to traffic incidents.
The Difference Between DWI and DUI Manslaughter
In North Port as well as the wider United States, the terms DUI and DWI are often used interchangeably. However, driving under the influence (DUI) usually refers to driving whilst under the influence of alcohol, whereas the legal definition of DWI is to drive whilst under the influence of intoxicating substances such as drugs.
Whether your DUI manslaughter charge relates to alcohol or controlled substances, you’ll need to work with specialized DUI lawyers to attempt to reduce your penalties and improve your case outcome.
What Florida Law Says about DUI and DWI Manslaughter
According to Florida law and the Florida Department of Highway Safety and Motor Vehicles (FHSMV), it is an offense to drive whilst under the influence of any alcohol or controlled substances. In North Port, FL., as well as the wider state of Florida, a driver is considered ‘under the influence’ if their blood alcohol level (BAC) sits at 0.08% or over.
The specific requirements that lead to a DUI or DWI manslaughter charge in North Port, FL., include:
- Operating or controlling a vehicle with a BAC of 0.08% or over, or whilst under the influence of and impaired by controlled substances, such as narcotic drugs.
- Through this action directly causing or contributing to the death of another adult, child, or unborn child if they are developed enough that they are able to live outside of the womb.
DUI defense lawyers provide various legal services, such as challenging field sobriety tests and negotiating with state attorneys, to manage complex legal issues associated with DUI cases.
According to Florida Statute 316.027, a North Port driver involved in a vehicle crash that caused the death of another person must remain at the scene of the crime until:
- Law enforcement has collected their name, address, vehicle registration, and viewed their license, if available.
- Arrangements have been made to carry victims away from the scene.
- They have reported the crash to law enforcement if none are present already.
However, you are not required to provide self-incriminating information.
Is Manslaughter Caused by Driving Under the Influence a Violent Crime?
One of the most asked questions surrounding DUI manslaughter is whether it is classed as a violent crime according to the law. In fact, yes, manslaughter caused by driving under the influence of alcohol or drugs is considered a violent crime in North Port, FL. DUI manslaughter is one of the most serious criminal traffic violations, highlighting the need for skilled legal representation.
Other types of vehicular violent crimes include:
- Driving under the influence – Operating a motor vehicle with a BAC of 0.08% or higher.
- Vehicular homicide– Causing the death of another person due to operating a vehicle recklessly. The defendant does not have to be intoxicated to receive this charge.
- Reckless driving resulting in serious bodily injury – Causing serious injury to another person whilst driving recklessly or dangerously.
- Crash involving death or personal injuries – An unintentional traffic accident resulting in the death or personal injury of others. A driver does not have to be intoxicated to be charged with this crime.
If you’ve been arrested or charged with any vehicular violent crime in North Port, whether or not it was the result of driving under the influence, get in touch with The Law Place today to seek legal representation. Speak to an experienced criminal defense attorney serving North Port about your case and receive a no-obligation, free consultation.
Types of DUI and DWI Manslaughter Charges in North Port, Florida
Being convicted of DUI or DWI manslaughter drastically increases the level of penalties that you might receive compared to a DUI case without a death. So, if you’ve been charged with this crime, it’s important to work with an experienced North Port criminal defense lawyer in order to safeguard your future.
DUI convictions can have long-term impacts, including potential jail time, significant fines, and a permanent criminal record that can affect future opportunities.
DUI manslaughter falls under the category of an ‘involuntary manslaughter’ charge, which means that the death of the victim was caused accidentally, without intent. This is as opposed to voluntary manslaughter, where death was caused as a result of provocation.
The exact penalty or charge varies depending on the specifics of each case. However, in North Port, FL., there are two main categories of DUI manslaughter:
- Ordinary negligence – The defendant’s negligence was brief or low level. For example, a death was caused by violating a traffic law or checking a phone, which resulted in a major accident.
- Gross negligence – The defendant caused a major traffic accident by acting recklessly and dangerously. For example, a driver is so intoxicated that they veer into another lane, onto the sidewalk, or into oncoming traffic.
It’s also important to note that according to Florida Statute 316.193, DUI manslaughter is usually classed as a second-degree felony. However, this charge becomes a first-degree felony if:
- At the time of the crash, you were aware that a crash had occurred.
- You refused to give information or render aid.
- You fled the scene of the crime.
Different Penalties for Driving Under the Influence in North Port, FL.
The penalties for being convicted of manslaughter whilst driving under the influence of drugs or alcohol vary depending on whether you are charged with a second-degree felony or a first-degree felony.
A DUI conviction can also lead to a driver’s license suspension, making it crucial to take timely legal actions to challenge any pending suspensions and potentially regain driving privileges.
DUI Manslaughter – Second Degree Felony
If you are convicted of DUI manslaughter as a second-degree felony, you could receive the following penalties depending on the specifics of your case:
- Up to 15 years of jail time with a mandatory 4-year minimum term of imprisonment.
- License suspension or revocation.
- Up to $15,000 in fines.
- Community service.
- Vehicle impoundment.
- Requirement to attend vehicle substance abuse educational courses and treatment.
- Requirement to undergo a psychosocial analysis.
Skilled legal representation is crucial in potentially getting charges dismissed, especially when there’s insufficient evidence.
DUI Manslaughter – First Degree Felony
If you failed to give adequate information at the time of a crash caused by impairment from drugs or alcohol, you could be charged with a first-degree felony for DUI manslaughter. This is often called ‘DUI manslaughter, leaving the scene.’
In this case, your penalties will become harsher, and you could receive:
- Up to 30 years of jail time.
- Up to $10,000 in fines.
- Potential loss of driving privileges.
- Criminal convictions that will permanently remain on your criminal record.
It is crucial to hire a specialized DUI defense lawyer to navigate the complexities of first-degree felony DUI manslaughter charges.
Role of Police Officers in DUI Incidents
Police officers play a critical role in preventing and responding to DUI incidents. They are responsible for patrolling the roads, identifying and stopping suspected drunk drivers, and conducting field sobriety tests to determine whether a driver is impaired. In addition, police officers are trained to handle the complex and often sensitive situations that arise when a DUI incident occurs, including interacting with victims and their families, collecting evidence, and testifying in court. An experienced criminal defense attorney can help individuals understand their rights and options when interacting with law enforcement officers.
Prevention and Education on DUI
Prevention and education are key components in the fight against DUI. By educating the public about the dangers of driving under the influence, law enforcement agencies and criminal defense lawyers can help prevent DUI incidents from occurring in the first place. This can include initiatives such as public awareness campaigns, school programs, and community outreach efforts. Additionally, many states, including Florida, have implemented strict laws and penalties for DUI offenses, which can serve as a deterrent to potential offenders. A Florida criminal defense attorney can provide guidance on the state’s DUI laws and regulations.
Commercial Driver’s License (CDL) DUI
Commercial driver’s license (CDL) holders are subject to stricter regulations and penalties when it comes to DUI offenses. Because CDL holders are responsible for operating large and potentially dangerous vehicles, the consequences of a DUI conviction can be severe, including the loss of their CDL and even their job. Furthermore, CDL holders who are convicted of a DUI offense may face additional penalties, such as fines, community service, and mandatory substance abuse treatment. A skilled defense lawyer can help CDL holders navigate the complex laws and regulations surrounding CDL DUI offenses.
Underage Drunk Driving
Underage drunk driving is a serious concern, as it can have devastating consequences for young drivers and their passengers. In Florida, drivers under the age of 21 who are caught driving with a blood alcohol level (BAL) of 0.02% or higher can face severe penalties, including the loss of their driver’s license, fines, and community service. Additionally, underage drivers who are convicted of a DUI offense may be required to participate in substance abuse treatment and education programs. An experienced criminal defense attorney can help underage drivers understand their rights and options when facing DUI charges.
How Could a Criminal Defense Attorney Defend Me in Court?
If you have been accused of committing DUI manslaughter and your charge is brought to trial in North Port, FL., there are several ways in which a criminal defense lawyer could defend you.
It is crucial to hire a specialized lawyer from the moment of your initial arrest to navigate the complexities of local jurisdictions and court representation.
Your Florida criminal defense attorney could choose to call into question:
- The reason for your traffic stop – Criminal law enforcement officers are only able to pull you over if they have probable cause. This means that they need to have reasonable suspicion that you have been violating traffic laws or that you are intoxicated whilst operating a vehicle. If they have pulled you over for any other reason, they could be accused of conducting an illegal traffic stop.
- Inaccurate results from a breathalyzer test – Breath analyzer equipment designed to work out blood alcohol content (BAC) can be unreliable. For a driver to be considered ‘under the influence,’ they will need to have a BAC of 0.08% or over. However, lawyers could argue that the breathalyzer equipment has been improperly maintained, leading to a false result.
- Inadmissible field sobriety tests – An officer will have conducted a field sobriety test at the time of the incident. However, these results can be questioned if it can be proved that the defendant had a prior balance/ coordination issue or a physical disability, which could have led the officer to believe they were under the influence of alcohol or drugs. Doctor-prescribed medications and lack of sleep can also be common factors leading to a false DUI charge.
- The defendant’s statement – A defendant’s statement could be moved to be suppressed if the defendant did not understand their rights due to improper recitation or omission of Miranda warnings by a law enforcement officer. This would violate the defendant’s Fifth Amendment right to avoid giving self-incriminating information and their Sixth Amendment right to receive legal counsel.
Regardless of the specifics of your case, it’s important to contact a criminal defense attorney serving North Port, Florida, at your earliest convenience. This is because both evidence and memory degrade over time. Therefore, you have a better chance of fighting any criminal charges the sooner you seek legal counsel. With a free consultation at The Law Place, you have nothing to lose.
DUI Manslaughter Lawyer in North Port
Meet the Team
Lead attorney David Haenel brings the insight of a former state prosecutor and is described by clients as “hands down the best” . Trial lawyer Darren Finebloom crafts courtroom strategy and guides cross‑examination, earning praise for his attentiveness and clear explanations . AnneMarie Rizzo focuses on complex blood and breath science while paralegals Rose and Tracy coordinate discovery and daily client updates. Each member handles a limited caseload so every client receives quick answers and meticulous preparation.
Reviews & Testimonials
“I would give him ten stars if possible. David and the whole team treated me like family throughout my DUI crash case.” Reviews
“They devoted countless hours to scrutinizing my case and kept me informed every single day. Their compassion helped me regain my confidence.” ReviewsReviews
“Darren was knowledgeable and patient. He explained every issue in terms I understood and guided me to an outcome that exceeded expectations.” ReviewsReviews
Case Studies
Blood evidence suppressed. Our client faced DUI manslaughter charges after a late‑night collision on US 41. An independent toxicologist showed lab technicians broke protocol, the judge excluded the blood result, and prosecutors reduced the charge to reckless driving with probation.
Restorative justice resolution. A young nurse struck a pedestrian at a North Port roundabout. We arranged mediated meetings with the family, presented extensive rehabilitation records, and the court accepted community control and public safety presentations instead of prison.
Electronic data defense. A construction worker rear‑ended a stopped vehicle on I‑75. Event‑data recorder downloads proved the victim’s brake lights were not functioning. The State dismissed the manslaughter count and filed a lesser moving‑violation citation, sparing our client a felony record.
What is DUI manslaughter under Florida law?
DUI manslaughter occurs when an impaired driver causes the death of another person or an unborn child capable of life outside the womb. The prosecutor must prove the driver was under the influence of alcohol or drugs and that this impairment directly caused the fatal crash. It is normally a second degree felony, but it rises to a first degree felony if the driver knew a crash occurred and failed to give aid or remain at the scene.
What penalties can a conviction bring?
A guilty verdict carries a minimum of four years in state prison and a maximum of fifteen. Judges may also order fines up to ten thousand dollars, permanent driver‑license revocation, lengthy probation, and mandatory restitution to the victim’s family. Additional conditions often include alcohol monitoring, community service, and an ignition interlock device if the defendant is ever allowed to drive again.
Is prison always mandatory in DUI manslaughter cases?
Florida’s sentencing guidelines require at least four years behind bars, but judges can depart below that term if compelling mitigation exists. Downward departures are rare and demand strong evidence such as extraordinary remorse, lack of prior record, or significant cooperation with law enforcement. Even when a departure is granted, some form of incarceration or community control is likely.
How quickly should I hire a lawyer after an arrest?
Contact counsel within twenty‑four hours if possible. Early representation lets your attorney secure dash‑cam footage, 911 recordings, and vehicle event‑data before they disappear. Swift action also preserves your right to an administrative license hearing and can influence bail conditions.
Will I lose my driver license right away?
Yes, the arrest triggers an immediate administrative suspension. You have ten calendar days to request a formal review hearing to contest it. If you do not file in time, the suspension remains in place even if the criminal case is later reduced or dismissed.
Can DUI manslaughter charges be reduced?
Reductions occur when critical evidence is flawed, such as an invalid blood draw or a missing chain of custody. Sometimes accident‑reconstruction experts show an independent cause of the crash unrelated to impairment. In those situations the State may offer a plea to reckless driving with serious injury or vehicular homicide.
What defenses are common?
Lawyers often challenge the legality of the traffic stop, the probable cause for a blood test, or the scientific reliability of toxicology results. Accident‑reconstruction analysis can reveal that the collision would have happened even if the driver had been sober. Medical issues, medication interactions, or contamination at the lab can also undermine the State’s impairment evidence.
How accurate are hospital blood tests?
Hospital draws must follow strict medical and legal protocols. Errors in collection tubes, storage temperature, or chain of custody can alter results or make them inadmissible. A defense expert reviews every stage of handling to spot weaknesses.
Are there civil consequences in addition to criminal charges?
The victim’s family can file a wrongful‑death lawsuit seeking compensation for medical bills, funeral expenses, and lost support. A criminal conviction makes civil liability easier to prove. Your criminal attorney often coordinates with insurance counsel to protect your interests on both fronts.
Will I be granted bail?
Most courts set bail unless the defendant has prior violent felonies or poses a significant flight risk. Bail amounts in Sarasota County for DUI manslaughter typically range from fifty to one hundred thousand dollars. A lawyer can request a bond reduction or substitute electronic monitoring to secure release.
How long does a DUI manslaughter case usually take?
Expect twelve to eighteen months from arrest to resolution. Complex discovery, expert testimony, and motion practice extend the timeline. Continuances are common so both sides can complete accident‑reconstruction reports and toxicology reviews.
Can I speak with the victim’s family to apologize?
Direct contact is risky because any statement can be used against you in court. Your attorney can arrange a mediated apology or written statement that protects your legal position. Courts sometimes view genuine remorse favorably when presented through proper channels.
What is the difference between DUI manslaughter and vehicular homicide?
DUI manslaughter requires proof of impairment, while vehicular homicide focuses on reckless driving that causes death. Prosecutors sometimes file both charges to pursue alternative theories. Sentencing ranges are similar, so the practical difference often lies in the available defenses.
How does a high blood‑alcohol level affect my case?
A high BAC strengthens the State’s claim of impairment, yet the reading must still be accurate and lawfully obtained. If the blood evidence is suppressed, the prosecution must rely on officer observations and field tests, which are more subjective. Even with a high BAC, successfully challenging the sample can shift negotiating leverage.
Can expert witnesses really help?
Yes, experts in toxicology, accident reconstruction, and biomechanics analyze evidence the jury may not understand on its own. They can expose flaws in the State’s testing methods or show that mechanical issues, not impairment, caused the crash. Early expert involvement shapes the defense strategy and improves plea‑bargain options.
What happens to my car after the crash?
Police usually impound the vehicle for evidence. Your lawyer can arrange an independent examination of the event‑data recorder, brake systems, and lighting components. After evidence is preserved the car is often released to insurance or the owner.
Will a conviction affect my professional license or immigration status?
State licensing boards for nurses, pilots, and other regulated professions require disclosure of felony convictions and can suspend or revoke credentials. Non‑citizens face possible deportation because DUI manslaughter is considered an aggravated felony. Addressing these collateral consequences early is essential.
Are plea deals common and what might they look like?
Plea agreements happen in many cases, but they often include significant prison time due to the mandatory minimum. Negotiations can focus on limiting enhancements, allowing concurrent sentences, or securing rehabilitative conditions in place of extra incarceration. Persuasive mitigation and strong evidentiary challenges increase the chances of a favorable deal.
How can a local North Port lawyer improve my odds?
Local counsel understands the preferences of Sarasota County judges and prosecutors. Familiarity with regional experts and juror attitudes informs smarter strategy. Proximity also means faster evidence collection and more frequent in‑person meetings when urgent issues arise.
What should I bring to my first meeting with the attorney?
Bring the arrest report, bail paperwork, any DMV notices, and health or prescription records. Photos of the crash scene and vehicle damage are helpful. The more detail you provide at the start, the sooner your defense team can protect your rights and plan a strategy.
Contact Our North Port, FL., Criminal Defense Lawyers for a Free Consultation
Being charged with a crime involving a death whilst driving under the influence can come with some severe penalties. So, if you’re facing criminal charges for DUI or DWI manslaughter in North Port, Florida, you need an experienced criminal defense lawyer in your corner to safeguard your future.
Our experienced criminal defense attorneys can provide support and legal advice. Attorneys at our law firm have over 75 years of experience, and many of our team also have an AVVO lawyer rating of 10.0. We’re able to offer hands-on support and are committed to investigating every case with strong attention to detail. Our legal team will guide you through the legal process, ensuring you understand your obligations and providing consistent support throughout your case. We’ll support you through the legal process, help you understand the charges you face, and explain the penalties you could receive. Together, we’ll work on your DUI manslaughter charge and find out how to achieve the best outcome for your criminal case.
So, if you’re facing a charge for DUI manslaughter, a wider DUI charge, or perhaps further alcohol or drug crimes, contact The Law Place for skilled representation. Get in touch today for a free consultation and to speak to one of our qualified criminal defense attorneys serving North Port. Call today on [(941) 444-4444](tel:(941) 444-4444). Phone lines are open 24/7.