Drunk driving that causes death for a passenger, someone in another vehicle, or a bystander is treated very harshly in Florida. DUI / DWI drivers who cause the death of another person will face charges of manslaughter or vehicular homicide. A vehicular homicide charge requires expert legal representation.  A skilled Florida DUI / DWI attorney will use a proven defense strategy to protect the accused driver’s rights and keep negative consequences to a minimum.

A vehicular homicide charge in a drunk driving death means that the prosecutor believes that he or she can prove the death stemmed from ordinary negligence. Vehicular homicide is a second-degree felony that carries harsh punishment – the driver faces up to 15 years in prison and a fine of up to $10,000.

A vehicular homicide charge stemming from a crash where the driver fled the scene will be elevated to a first-degree felony punishable by up to 30 years in prison and a fine of up to $10,000.

Fortunately, a vehicular homicide charge doesn’t equal an automatic conviction. The first step in aggressively defending a vehicular homicide charge is to have an independent investigator study the circumstances of the accident. Police and prosecutors will examine every aspect of the accident to gather evidence that points to the defendant’s guilt. An experienced DUI / DWI defense attorney will employ an independent expert to conduct forensic research and reconstruct the accident to reveal evidence that points to the defendant’s innocence.

An independent defense expert also can analyze the facts of the underlying drunk driving charge, such as the motorist’s blood alcohol content (BAC). Chemical tests to determine the driver’s BAC are usually conducted hours after an accident, and the motorist’s BAC may have risen if his or her body continued to absorb alcohol after the crash. A defense expert’s investigation may reveal that the accused motorist’s BAC did not exceed the legal limit while behind the wheel.