Florida DUI / DWI charges are always serious, but driving under the influence which results in death can have lifelong consequences to the accused motorist. Drunk driving episodes that result in death are charged as felonies, and the driver can be sentenced to prison and be required to pay a large fine. Prosecutors charge DUI / DWI-related deaths in one of two ways – as vehicular homicide or manslaughter.

Accused drunk drivers are charged with manslaughter when a prosecutor believes he or she can prove that the motorist killed another person with the knowledge that his or her actions were likely to cause death – also defined as criminal negligence. Clearly drunk drivers don’t set out with the intention of causing death, but the prosecutor will argue that the driver knew that his or actions were dangerous, particularly if the individual has prior drinking and driving convictions.

DUI / DWI manslaughter is a second-degree felony punishable by up to 15 years in prison and a fine of up to $10,000. If the driver fled the scene of a crash that resulted in death, the offense will be elevated to a first-degree felony punishable by up to 30 years in prison and a fine of up to $10,000.

Luckily, a manslaughter charge doesn’t equal an automatic conviction. The first step in aggressively defending a manslaughter charge is to thoroughly investigate the case from a defense perspective. Because police and prosecutors focus on seeking out evidence that points to the defendant’s guilt, it’s critical to have an independent investigator look at the case on the defendant’s behalf. An attorney who focuses on drunk driving defense will employ independent experts to reconstruct the accident and uncover useful information.

An independent defense expert can examine the facts of the underlying drunk driving charge, like the motorist’s blood alcohol content (BAC), and help determine an appropriate challenge. Because chemical tests that measure a driver’s BAC are usually given several hours after an accident, the test result may be inaccurate if the motorist’s body continued to absorb alcohol after the crash. A skilled defense expert will attempt to show that the accused driver’s BAC was below the legal limit when behind the wheel.