DUI Manslaughter in Florida: Penalties and Defense Options

By Jonathan Blecher on September 8, 2025

When someone is accused of DUI manslaughter in Florida, the stakes could not be higher. This serious criminal offense combines two of the harshest elements under Florida law: driving under the influence and causing the death of another person. A conviction not only carries severe penalties but also has lifelong consequences that extend far beyond prison time.

At Jonathan B. Blecher, P.A., we understand the fear, confusion, and uncertainty that come with facing DUI manslaughter charges. With decades of experience handling DUI cases, Attorney Jonathan Blecher has dedicated his practice to defending individuals in some of the most challenging legal battles of their lives.

Understanding DUI Manslaughter in Florida

Under Florida Statute §316.193, DUI manslaughter occurs when a person:

Is driving or in actual physical control of a vehicle;
Has a blood alcohol content (BAC) of 0.08% or higher, or is impaired by alcohol, drugs, or a controlled substance; and
Causes or contributes to the death of another person, including an unborn child.

Unlike other DUI charges, DUI manslaughter is not just about impaired driving; it is about the tragic loss of life that results from a fatal crash. Because of this, the state treats it as a second-degree felony, though certain aggravating factors can escalate the charge.

The Difference Between DUI Manslaughter and Other DUI Charges

Not all DUI cases are created equal. While a standard DUI conviction may involve fines, probation, or license suspension, DUI manslaughter carries far harsher penalties.

DUI with Serious Bodily Injury: This is typically a third-degree felony, punishable by up to 5 years in prison.
Vehicular Homicide: In some cases, prosecutors may pursue this charge, which does not require proof of intoxication but focuses on reckless driving.
DUI Manslaughter: Because it involves both impairment and a fatality, this charge is considered one of the most severe DUI-related offenses under Florida law.

Penalties for DUI Manslaughter in Florida

A DUI manslaughter conviction carries some of the harshest sentencing requirements in the state. Florida’s mandatory minimum sentencing laws mean judges have limited discretion when determining punishment.

Standard Penalties

Mandatory Minimum Sentence: 4 years in state prison.
Maximum Sentence: Up to 15 years in prison for a second-degree felony.
Fines: Up to $10,000 in substantial fines.
Permanent Driver’s License Revocation: Anyone convicted of DUI manslaughter faces the possibility of losing their driving privileges for life.

Aggravating Factors

Certain circumstances can increase penalties:

Leaving the Scene of the Crash: If the driver fails to stop and render aid, the charge may be elevated to a first-degree felony, punishable by up to 30 years in prison.
Prior DUI Conviction: A defendant’s criminal history, particularly a prior DUI conviction, can result in harsher penalties.
High Blood Alcohol Level: A BAC significantly above the legal limit may lead prosecutors to argue for a tougher sentence.

The Legal Process After a DUI Manslaughter Arrest

Being arrested for DUI manslaughter sets in motion a complex series of legal proceedings. From the moment of arrest, everything you say and do may impact the case.

Arrest and Booking: Law enforcement typically conducts chemical testing, such as blood draws, to determine the level of intoxication.
First Appearance in Court: The defendant is formally advised of charges, and bail may be set.
Pretrial Proceedings: Evidence such as field sobriety tests, blood test results, and witness testimony is exchanged between the prosecution and defense.
Trial: The prosecution must prove beyond a reasonable doubt that the defendant was impaired and that impairment caused the fatal crash.
Sentencing: If convicted, sentencing follows Florida’s strict guidelines, though defense attorneys may advocate for a more lenient sentence based on mitigating factors like substance abuse treatment or lack of a prior criminal record.

Defense Options in DUI Manslaughter Cases

While the charges may feel overwhelming, there are legal defenses that an experienced criminal defense attorney can use to protect your rights.

Challenging the Evidence

Improper Field Sobriety Tests: Police officers must follow specific procedures. Any deviation could call the results into question.
Unreliable Chemical Testing: Issues with blood or breath testing machines can create doubt about actual intoxication levels.
Causation: Even if the defendant was impaired, the defense may argue that impairment did not directly cause the fatal crash.

Reasonable Doubt Defense

Prosecutors must prove every element of the charge. Highlighting inconsistencies in witness testimony, accident reconstruction, or toxicology results can establish reasonable doubt.

Mitigation Strategies

Even if evidence strongly supports the prosecution’s case, defense attorneys may pursue strategies to lessen penalties:

Seeking reduced charges, such as vehicular homicide instead of DUI manslaughter.
Advocating for substance abuse treatment or rehabilitation programs.
Presenting evidence of the defendant’s clean prior criminal record.

Why Hiring a Skilled Criminal Defense Attorney Is Essential

DUI manslaughter is not a charge anyone should face alone. The complexity of Florida DUI manslaughter cases demands the knowledge of a skilled criminal defense attorney who understands both the science of impairment and the nuances of Florida law.

At trial, prosecutors will work tirelessly to secure a conviction. Without strong legal representation, defendants risk long prison sentences, financial devastation, and permanent loss of driving privileges.

An experienced criminal defense attorney can:

Scrutinize every detail of the investigation.
Challenge whether the defendant was truly in actual physical control of the vehicle.
Question whether proper protocols were followed during chemical testing.
Negotiate for reduced charges or a more lenient sentence when appropriate.

Jonathan B. Blecher, P.A.: Defense for DUI Manslaughter Charges

For over 30 years, Jonathan B. Blecher, P.A., has defended clients accused of DUI and related offenses throughout Florida, including Miami and Fort Lauderdale. Attorney Blecher has handled more than 3,000 DUI cases, bringing unmatched insight to the courtroom.

His approach is built on three key pillars:

Personalized Defense Strategy: Every case is unique, and so is every defense.
Informed Legal Guidance: Clients are kept fully informed throughout the legal proceedings.
Aggressive Advocacy: From challenging improper evidence to negotiating with prosecutors, Attorney Blecher fights for the best possible outcome.

Contact Jonathan B. Blecher, P.A., Today

Being accused of DUI manslaughter in Florida is one of the most serious legal challenges a person can face. The consequences of a DUI manslaughter conviction are severe, but there are defense strategies available.

With the help of a DUI manslaughter lawyer like Jonathan B. Blecher, defendants can navigate the complex legal process, challenge the prosecution’s evidence, and pursue a defense tailored to their unique situation.

If you or a loved one is facing DUI manslaughter charges, don’t wait. The earlier you involve a defense attorney, the stronger your defense will be. Contact Jonathan B. Blecher, P.A., today to protect your rights and start building your defense.