
What are the Penalties for a DUI in Hillsborough County, Florida?
One of the top questions we are asked by those who have been charged with a DUI is this: what will happen if I’m convicted?
A DUI manslaughter is heartbreaking for all parties involved. More than likely, you never intended to hurt anyone, and now you’re facing serious consequences along with feeling anguish and guilt over the life you impacted. That’s why you need a compassionate DUI manslaughter attorney in Tampa who will work hard to defend you while understanding how delicate the circumstances and situation may be for both your family and the family of the other parties involved.
Elements of a DUI Manslaughter
If you’ve been charged with a DUI manslaughter, under Florida Statute §316.193(3), the prosecutor must show, beyond all reasonable doubt, that you were impaired by alcohol or a controlled substance and that the operation of your vehicle “caused or contributed to” the death of another person. By using the words “caused or contributed to,” the Florida Legislature has written the DUI manslaughter statute broadly in order to encompass situations where the victim might be partially “at fault” for the accident that occurred in the case. On the other hand, the law does not permit a conviction for DUI manslaughter where the accident was unavoidable or where your driving did not cause or contribute to the accident.
To break this down further, some DUI manslaughter cases involve the death of a passenger in the accused’s vehicle, while other cases may involve the death of another driver or his passenger. But, unlike other criminal charges that involve the death of another human being, a DUI Manslaughter charge does not require the State to prove that the accused intended to cause the death of another person.
Florida DUI Manslaughter Penalties in Hillsborough County
This type of DUI can have serious penalties that can impact your family, career, and social life — not to mention take away your ability to drive. You’ll need a DUI manslaughter attorney in Hillsborough County to help discuss the best course of action.
The commission of this crime is punishable as a second degree felony with a potential state prison sentence of up to fifteen (15) years. The Florida Criminal Punishment Code (sentencing guidelines) mandates a minimum state prison sentence even for those individuals who have no prior criminal history. A DUI Manslaughter charge can carry a maximum fine of $10,000. In addition, a conviction will result in a permanent revocation of the individual’s driving privilege.
The Florida Legislature has added an additional aggravator if, after the crash, the subject “leaves the scene” or otherwise fails to render aid to the injured motorist. These circumstances have the effect of enhancing the DUI Manslaughter charge to a first degree felony.
A conviction for a felony offense can never be sealed or expunged. And, as a convicted felon, you will be unable to vote, sit on a jury, or own, use, or possess a firearm. Further, you may be barred from holding a license in certain occupations.
Don’t Wait to Find a DUI Manslaughter Lawyer
If you’ve been arrested for a DUI manslaughter, turn to the team at Russo, Pelletier & Sullivan.
Every second counts when the threat of a DUI manslaughter charge is looming, and valuable defense evidence may be lost if proactive steps are not promptly taken.
Our office takes a hands-on approach to gather evidence that could be crucial to our client’s defense. We often accompany our experts to the accident scene where photographs and measurements are secured. Interviewing potential witnesses can sometimes uncover evidence that was not discovered by law enforcement. The sooner our office can become involved in a DUI Manslaughter case, the more quickly we can investigate the facts, explore possible defenses, and channel our efforts towards securing the best possible outcome.
If you’re facing a DUI arrest or DUI manslaughter, contact Russo, Pelletier & Sullivan today.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.
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