According to the State of Florida website, 1 in 135 adults will be arrested for driving under the influence (otherwise known as DUI) during their lifetime. Florida is known to have some of the strictest DUI consequences in the entirety of the United States. If you are being convicted in Venice, FL., for a DUI offense, it can stay on your criminal record history for up to 75 years. If you or a loved one find yourself facing this kind of conviction, especially if it is DUI manslaughter, you need to seek legal assistance as soon as possible. The sooner you do so, the better your outcome could be.
At The Law Place, we have a team of top Florida criminal defense attorneys. Our experienced team has worked on cases across the entire State of Florida, including Venice, and have worked on cases that are similar to yours, so we are familiar with the legal procedures. As well as this, many of the criminal defense attorneys on our team have received an AVVO lawyer rating of 10.0 – meaning your case is in safe hands.
What are you waiting for? Get in contact with our law firm today for a free consultation with a criminal defense attorney. This consultation is non-obligatory and confidential, meaning any information you disclose during the consultation will be totally protected by us, and you will not be required to proceed with representation unless you want to. Our telephone lines are open around the clock, 24 hours a day, 7 days a week, 365 days a year. This means there will always be someone readily available to take your call. In order to start the legal process, contact us today at (941) 444-4444 to speak to a lawyer and begin these vital steps towards your freedom.
Felony Charge for DUI in Venice, FL.
It is common in the State of Florida for criminal offenses to be categorized as misdemeanors or felonies. A felony conviction is much more severe than a misdemeanor offense and is not a charge you want to be facing alone. If you or a loved one are facing this kind of charge, it is crucial that you get a criminal defense lawyer as soon as possible. You should not attempt to deal with any legal felony charges on your own. Let an experienced professional guide you through this process.
Due to how serious these charges are, your criminal defense lawyer will be crucial in helping to reduce or dismiss this charge. In Venice, Florida, DUI manslaughter is classified as a second-degree felony. If you are being charged for a second-degree felony but refuse to co-operate with law enforcement in offering information about the incident at hand, this charge can be extended to a first-degree felony. You can expect 15 years imprisonment for such a charge.
What Are the Different Types of Manslaughter in Venice, Florida?
Across all of the State of Florida, including Venice, manslaughter cases are usually split into two different categories: involuntary or voluntary. Although both are different, they share severe consequences. Both involve the death of another person – which is serious no matter what the circumstances were. Listed below are the definitions of each type:
- Voluntary manslaughter – This can also be called homicide. This refers to an incident where a person, when provoked, intentionally kills a person.
- Involuntary manslaughter – This is when a person has involuntarily or accidentally committed a murder.
With regards to a DUI manslaughter charge, this can usually be defined as an involuntary homicide. This is taking into account the fact that the defendant was attempting to use a moving vehicle whilst under the influence of alcohol or drugs or, in some cases, both.
If you or a loved one are a citizen of Venice, FL., and are facing a DUI manslaughter charge – it is important you seek legal aid urgently. Do not hesitate to contact The Law Place today in order to receive your free consultation from a criminal defense attorney. This is a completely protected, non-obligatory consultation. As a reputable law firm, we strive to support clients throughout this legal process. This starts from the legal advice we can offer in your phone call – so call today.
The Difference Between DWI and DUI Manslaughter in Venice, Florida
It is common that in Venice, FL., and other areas of the United States for the terms’ DUI’ and ‘DWI’ to be used interchangeably. However, DUI usually refers to an incident where the person was operating a moving vehicle under the influence of alcohol, whereas DWI refers to when a person is driving under the influence of any other kind of intoxicating substances, usually illegal or prescription drugs.
In Venice, whether you are being charged for a DUI manslaughter or a DWI manslaughter case, both are incredibly serious. You will need the help of a strong DUI attorney that is well-versed in the criminal law surrounding your charges. Having the right DUI attorney can massively influence the outcome of your case.
What Does Floridian Law Say About DUI?
There is a legal limit for the blood alcohol content (BAC) of all American drivers – this is 0.8 percent. If you have been pulled over by a law enforcement officer and after your breathalyzer test has a higher blood alcohol level than 0.8%, you should expect to be charged with a DUI. In Venice, FL., you are still liable for a DUI offense even if your actions have not caused damages to vehicles or properties or injured someone.
Also, in Venice, you can be charged with a crime of DUI if you were not driving while drunk but instead under the influence of drugs. However, something to be aware of is that, in these cases, it will be much more difficult for a law enforcement officer to successfully establish that you were under the influence of drugs. If they have any reason to suspect you being under any kind of influence, you will be arrested, and an investigation will then take place.
According to Florida Statute 316.027, a Venice, Florida driver involved in a crash that resulted in the death of another person must remain at the scene of the crime until:
- Law enforcement has arrived and collected your details, including name, address, and vehicle registration. They will also look at your driving license if you have it on your person at the time.
- Arrangements have been made to remove the victim from the scene.
- The crash has been reported to law enforcement if none are already present at the scene. However, you are not required to report any self-incriminating information.
If you or a loved one are in the position where you are being charged with a DUI in Venice, it is crucial that you seek the help of a DUI defense attorney as soon as possible. Do not attempt to handle this kind of legal case alone. Here at The Law Place, we are here to help. Our team of experienced DUI lawyers can guide you through this process with ease, making this stressful time easier for you.
What the Prosecution Must Prove in a DUI Manslaughter Case
In a criminal trial for DUI manslaughter, the prosecution has several different components that they need to be able to prove beyond a reasonable doubt. They include:
- There is evidence to support that the defendant did not have control of the vehicle.
- There is evidence to support that the defendant was under the influence of alcohol, drugs, or another substance that impacted their ability to drive.
- The defendant’s blood-alcohol level met or surpassed the legal limit during the breathalyzer test or field sobriety test.
- The defendant indirectly or directly was responsible for the death of another person when meeting the above components.
It is also important to know that in this case, the defendant can still be considered as being in control of the vehicle, even if they weren’t driving but were in the position to operate it correctly. In other words, this means that if you are just sat in the driver’s seat whilst the vehicle is running at the time of the arrest, you are still considered to be in ‘operative control’ of the vehicle.
What Is the Average Sentence for DUI Manslaughter in Venice, FL?
As they involve the death of another person, DUI manslaughter cases are taken very seriously, meaning that you should brace yourself for strict charges and overall penalties. If you are a resident of Venice and facing a DUI manslaughter charge, the judge is required to give you a four-year jail sentence due mandatory minimum sentencing laws. As is the case with most kinds of criminal cases, the sentence you are given is dependant on the circumstances that surrounded your case at the time of your arrest.
DUI manslaughter cases are divided into two separate categories, causing different penalties. They are as follows:
- Ordinary negligence – The defendant may have violated a basic traffic law. E.G., being on their phone while driving, resulting in a fatality. It is referred to as ‘ordinary’ as the traffic laws were not violated to a large degree.
- Gross negligence – The defendant may have acted with complete disregard for traffic laws or other people. E.G., Driving onto a sidewalk and causing the death of another person.
There are two main charges for DUI manslaughter in Venice. These are second or first-degree felonies, the charges for which are detailed below.
Second Degree Felony
If you are convicted of DUI manslaughter as a second-degree felony, you could receive the following penalties depending on the circumstances that surround your case:
- Up to 15 years of jail time, with a mandatory 4-year minimum term of imprisonment for manslaughter.
- License suspension or revocation.
- Up to $15,000 in monetary fines.
- Hours of community service.
- Vehicle impoundment.
- Requirement to attend vehicle substance abuse educational courses and treatment.
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.
- A criminal conviction, which will be on your criminal history permanently.
How We Can Defend You Against DUI Manslaughter Charges in Venice, FL.
Due to the severity of these cases, prosecutors are extremely harsh with those who are being charged in the State of Florida. If you have been wrongfully accused of a DUI charge and are innocent, you do not deserve to be under the same category as those who have committed a serious crime.
As mentioned previously, the prosecution must prove that you are guilty beyond all reasonable doubt. Your Venice criminal defense attorney must build a strong enough defense to argue your case in full, including factual information, general information, and whether or not you were under the influence of drugs or alcohol at the time of the incident.
Here are some defenses your attorney can argue:
- Your breathalyzer test results were not permissible – It is common knowledge that the equipment used to determine a person’s blood alcohol levels are sometimes inaccurate. If the law enforcement officer carrying out the test during your arrest failed to meet the legal requirements, your results may be disputed in court by your lawyer.
- No probable cause – The law enforcement officer must have probable cause for your arrest. In circumstances where this can be disputed, it can be argued that your arrest was illegal.
If you are being represented by a skilled Venice criminal defense lawyer that is experienced in DUI manslaughter charges, it is likely that they will be able to help you get the best possible verdict from your case by building you a tailored defense. Call today to get the ball rolling on your case.
What a Venice, FL., Criminal Defense Attorney Can Do for You
As mentioned previously, the quality of your criminal defense attorney will determine the possibility of achieving the best outcome for your case, especially for cases as serious as DUI manslaughter.
The Law Place wants to help you today. If you choose to be represented by us, your DUI lawyer will get to work straight away on your case. Evidence is vital in order to help minimize or reduce your charges entirely. It is common knowledge that evidence from the scene of a fatal accident does not remain there for long. Our team is aware of this, which is why the sooner you contact us for your free consultation, the sooner our criminal defense lawyers can return to the scene to find any evidence remaining that can help defend you. Once they have done this, they can examine all of the evidence available, both from their own findings and evidence collected by law enforcement. The more evidence available to your attorney means they can construct a stronger defense for your case.
Our criminal defense team at The Law Place promise to:
- Escort you to all police interrogations. It is advisable to never attend a police interrogation without your attorney.
- Obtain and analyze medical records of the victim of the accident.
- Organize interviews with witnesses, and ask any questions that law enforcement may have missed.
- Find any surveillance footage that has not been seized by law enforcement.
Contact The Law Place Venice, FL., Today for a Free Consultation
Being charged with a crime that involves a fatality when driving under the influence comes with harsh consequences. If you or a loved one are facing criminal charges for DUI or DWI manslaughter in Venice, FL., you should seek help from an experienced criminal defense lawyer as soon as possible.
At The Law Place, our team of criminal defense lawyers will be able to provide you with support from the beginning, as they have worked on a variety of criminal cases across the State of Florida, including Venice. Our team has a combined 75 years worth of experience, meaning they can offer practical support, as well as being able to conduct a thorough investigation.
Together, we can fight to achieve the best outcome possible for both you and your loved ones. This could be reducing penalties or having them dismissed entirely.
So, if you or a loved one are facing DUI manslaughter charges – look no further than The Law Place. Do not hesitate to contact us today for a free consultation with a criminal defense lawyer and receive the justice you deserve. Call today on (941)-444-4444! Phone lines are open 24/7.