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DUI Manslaughter in Florida: What You Need to Know
Under Florida law, DUI Manslaughter is a serious felony offense that can carry life-altering consequences. If you’ve been charged, it is essential to understand what the law says—and why you need experienced legal representation on your side immediately. Being charged with this offense is life altering and requires real expertise to navigate.
An experienced criminal defense attorney plays a vital role in guiding the legal proceedings, negotiating plea agreements, and advocating for a lessened sentence. Contacting criminal defense attorneys, such as a Florida criminal defense attorney, immediately after a DUI manslaughter arrest is paramount to allow the attorney to start building a defense and protecting the defendant’s rights.
What Constitutes DUI Manslaughter?
Every crime in Florida is composed of elements, and each of these elements must be proven to a jury beyond a reasonable doubt. The definition of the crime of DUI manslaughter can be found here in Fl St 316.193. You may be charged with DUI manslaughter in Florida if all the following elements are present:
- You were driving or in actual physical control of a vehicle in Florida;
- You were under the influence of alcohol, a chemical substance, or a controlled substance that impaired your normal faculties; or
- You had a breath-alcohol or blood-alcohol concentration (BAC) of 0.08% or higher;
- And—most critically—your actions caused or contributed to the death of another person, whether directly or indirectly.
“Actual physical control” means you were in or on the vehicle and had the ability to operate it, regardless of whether it was running at the time.
“Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway[, except personal delivery devices, mobile carriers, and devices used exclusively upon stationary rails or tracks].
“Normal faculties” include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives.
“Impaired” means diminished in some material respect. Shaw v. State, 783 So. 2d 1097 (Fla. 5th DCA 2001).
Penalties for DUI Manslaughter in Florida
In addition to a maximum of fifteen (15) years imprisonment, this second-degree felony offense also requires a four-year minimum mandatory prison sentence and other penalties including up to a $10,000 fine and a permanent driver’s license revocation.
For individuals facing their first DUI manslaughter conviction, Florida mandates a permanent revocation of the driver’s license. In the event that that this is the offender’s first DUI conviction, after 5 years, he or she may be eligible for a hardship license. DUI Manslaughter is a second-degree felony, carrying:
- Up to 15 years in prison
- Up to $10,000 in fines
- Mandatory probation, community service, substance abuse treatment, and psychosocial evaluations
- Driver’s license revocation
- A permanent criminal record
If the driver leaves the scene of a fatal DUI crash, the charge can be elevated to a first-degree felony, punishable by:
- Up to 30 years in prison
- A mandatory minimum sentence of four years
This is not a charge to face alone. You need a criminal defense attorney who understands how to challenge every aspect of the prosecution’s case. At Landsman Law, Matt Landsman has litigated every aspect of DUI manslaughter including challenging medical records, search warrants, illegal investigations, interrogations, expert witnesses, traffic reconstruction, and more.
Can You Regain Driving Privileges After a DUI Manslaughter Conviction?
In some cases, individuals with a permanent license revocation can apply for a hardship license—but eligibility is strict. You must:
- Complete a state-approved DUI program
- Serve at least five years of your revocation
- Have no prior DUI convictions
- Be free from drug or alcohol use or arrests for the past five years
- Install an ignition interlock device for at least two years
- Participate in a Supervised Supervision Program (SSSP) for life
Even then, reinstatement is not guaranteed. An experienced attorney can help you navigate the process and improve your chances.
Common Defenses in DUI Manslaughter Cases
DUI manslaughter cases are fact-intensive, and a skilled attorney can raise several legal and evidentiary defenses:
- 1. Unlawful Traffic Stop: Officers must have reasonable suspicion or probable cause to stop a driver. If the stop was improper, evidence gathered afterward may be inadmissible.
- 2. Improper Field Sobriety Tests: Field tests are subjective and often unreliable—especially if you have a medical condition or disability. Officers must be trained and follow proper protocol.
- 3. Lack of Probable Cause for Arrest: An arrest must be based on solid evidence. If it isn’t, breath or blood test results may be suppressed.
- 4. Faulty Breathalyzer or Blood Tests: These tests must be properly administered and the equipment regularly maintained. Flaws in testing procedures or calibration can invalidate results.
- 5. Causation Disputes: Even if impairment is proven, the prosecution must show that the driver’s actions actually caused or contributed to the fatal accident. If a victim dies from unrelated causes (e.g., a medical emergency after the crash), or the defendant’s driving did not contribute to the accident, the causation element may be successfully challenged.
In-Court Strategies to Fight DUI Manslaughter Charges
Every DUI manslaughter case involves complex evidence—from accident reconstruction to toxicology reports. Matt Landsman takes an aggressive, detail-oriented approach that includes:
✅ Discovery Motions
To compel the state to turn over all evidence—especially anything that may support your innocence.
✅ Motions to Suppress
To challenge illegal searches, unlawful seizures, or violations of your Miranda rights.
✅ Motions in Limine
To block prejudicial or irrelevant information from reaching the jury.
✅ Challenging Scientific Evidence
Field sobriety tests, blood samples, and breath results can all be questioned by attacking testing procedures, human error, and flawed devices.
✅ Causation Defense
The state must prove that your actions—not another driver, not road conditions, not an unrelated health issue—directly caused the death. Without that link, the case fails.
Why You Need Landsman Law on Your Side Against DUI Manslaughter Charges
A DUI manslaughter conviction carries devastating penalties—and you only get one chance to fight back.
Matt Landsman is a respected Board Certified Florida criminal trial attorney with years of experience handling DUI manslaughter cases. His team understands how to dissect the state’s evidence, challenge the legality of every step taken, and build a powerful defense tailored to your unique circumstances.
Don’t wait. Every moment counts in a DUI manslaughter defense. Time is critical.
Criminal Defense Lawyer Matt Landsman at Landsman Law helps people accused of crimes in Gainesville, Alachua County, Levy County, Gilchrist County, and surrounding areas of north Florida. If you need help for yourself or a loved one contact Criminal Defense Attorney Matt Landsman for a free consultation today. For help with any Criminal Matter from Board Certified Criminal Trial Lawyer Matt Landsman – CALL NOW
Have you been accused of a crime in Gainesville, Alachua County, Levy County, Gilchrist County, or North Florida? Call or contact us online to schedule a free consultation in Gainesville Florida.