A charge this serious deserves a defense that takes it seriously. DUI manslaughter turns on causation and the science of the crash, and both can be tested. The work begins at once.
Call 904-383-7448DUI manslaughter is charged under section 316.193(3), Florida Statutes, when a person operates a vehicle while impaired and, by reason of that operation, causes or contributes to the death of a human being, including an unborn child. It is a second-degree felony punishable by up to fifteen years in prison, with a substantial mandatory minimum.
The State must prove not only impairment but causation: that the driving caused or contributed to the death. That is where these cases are fought. If you or someone you love is facing this charge, evidence must be preserved now. Call 904-383-7448.
DUI manslaughter under section 316.193(3) requires three things. The State must show that the driver was operating or in actual physical control of a vehicle, that the driver was under the influence to the point of impairment or had an unlawful blood- or breath-alcohol level, and, critically, that the driver's operation of the vehicle caused or contributed to causing the death of another person. The death of an unborn child is included. The first two elements are the ordinary DUI proof. The third, causation, is what makes this a homicide charge rather than a traffic offense, and it is rarely as simple as the State's first telling suggests.
DUI manslaughter is a second-degree felony, punishable by up to fifteen years in prison and a fine of up to $10,000. Florida's criminal punishment code sets a substantial mandatory minimum sentence for the offense, which means probation alone is not on the table without an unusual showing. A conviction also permanently revokes the driving privilege. When the driver knew or should have known the crash occurred and left the scene without giving information or rendering aid, the charge escalates to a first-degree felony, raising the maximum to thirty years in prison. That leaving-the-scene enhancement makes what a driver does in the minutes after a crash matter as much as anything that came before it.
A fatal crash almost never has a single cause. The State will tell a clean story in which impairment is the cause of the death, but the real sequence of events is usually more complicated. Another driver may have run a light, crossed a center line, or stopped without warning. A pedestrian may have entered the roadway outside a crosswalk. Road conditions, weather, vehicle failure, and the conduct of the person who died can all bear on whether the defendant's driving actually caused or contributed to the death. Accident reconstruction, the physical evidence at the scene, the timing of the impact, the points of contact, and the speeds involved are all subject to expert analysis. When the State cannot prove that the impaired driving caused the death, the manslaughter charge cannot stand, even if a DUI did occur.
The impairment proof in a DUI manslaughter case deserves the same scrutiny as in any DUI, and often more, because a blood draw is common in fatal crashes. Blood testing has its own chain-of-custody requirements, its own potential for fermentation and contamination, and its own rules about who may draw the sample and how it is stored. Breath testing, where used, runs on the Intoxilyzer 8000 and must comply with Florida's implied-consent framework in section 316.1932. The retrograde extrapolation the State uses to estimate the alcohol level at the time of driving is an assumption stacked on an assumption, and it can be challenged. Graham Syfert concentrates on the scientific side of DUI cases and has taught other lawyers how to cross-examine the analysts and reconstruction experts who produce this evidence.
Related: DUI Defense overview and Felony & Third DUI.
Under section 316.193(3), it is a DUI that causes or contributes to the death of another person, including an unborn child. It is a second-degree felony, raised to a first-degree felony when the driver leaves the scene.
Yes. The State must prove the driving caused or contributed to the death. Causation is often the central issue, and accident reconstruction, the timing of the impact, and the conduct of others are all places to challenge whether that burden is met.
A second-degree felony is punishable by up to fifteen years in prison with a substantial mandatory minimum, and the leaving-the-scene version raises the maximum to thirty years. A conviction permanently revokes the driving privilege. The exact exposure depends on the facts of your case.
The call is free and confidential. Whether it is a traffic citation or a felony, the sooner a defense begins, the more can be done. Graham W. Syfert answers his own phone.
Call 904-383-7448Graham W. Syfert, Esq., P.A. · Jacksonville, Florida
Serving Duval, Clay, Nassau, and St. Johns Counties