There are few charges as serious and destructive to all parties involved as DUI Manslaughter. Unintentionally causing death as a result of driving under the influence can lead to serious repercussions in your social, professional and financial dealings, along with a high probability of receiving a jail sentence and significant fines. With a victim involved, prosecution will surely attempt to aggressively pursue conviction. Taking action and working to mitigate the negative effects of a Florida DUI manslaughter allegation should be priority number one.
As a felony offense, a conviction leads to a permanent criminal record and the loss of many rights. This includes being able to vote, run for office, enter certain professional fields and receive government assistance. Although the odds seem stacked against you, with the help of a capable defense attorney can turn the tables. The implementation of a strong defense strategy can help you avoid the harshest penalties while putting you in a position to get your life back on track.JACKSONVILLE DUI MANSLAUGHTER ATTORNEY
With all that is at stake, the defense of a DUI manslaughter charge must begin immediately following the accident. The earlier the discovery and investigation process starts, the greater chance your criminal defense attorney can analyze the factors of the case and produce an effective legal plan the reduces the culpability of you and your actions.
William Roelke is an experienced Florida DUI Attorney who has represented men and women throughout Duval County, St. Johns County, Clay County and Nassau County. He has been a part of many case hearings involving accusations of driving under the influence, and can be counted on to provide quality legal counsel while taking control of the defense proceedings. Offering comprehensive representation, William handles every aspect of your case, from the gathering of evidence and the interviewing of witnesses, all the way to arguing for you in court.
A strong advocate who understands the intricacies of Florida laws can mean the difference between a severe punishment and a reduction or dismissal of charges. Considering that the justice system and law enforcement do not have your best interests in mind during the criminal process, having the qualified legal counsel of William Roelke will not only keep you insulated from an intimidating legal system, it will also allow you to proceed without the worry that your rights are being violated.
As a Northeastern Florida practice, Roelke Law is conveniently located to help individuals and families solve their legal problems throughout the cities of Jacksonville, Atlantic Beach, Neptune Beach, Baldwin, St. Augustine, Orange Park, Green Cove and Fernandina Beach, among many others. Dedicated to a quick response during a time-sensitive process, William Roelke offers free and immediate initial consultations to go over the details of your DUI manslaughter. To schedule a time to meet with William, please call (904) 354-0333 or send an online message today.
DUI Manslaughter under Florida Law
The specific legal wording regarding the offense of DUI Manslaughter can be found in the Florida Statutes. According to §316.193, an individual can be charged with DUI manslaughter if they:
- Operate a vehicle, drive a vehicle, or are in actual physical control of a vehicle;
- Cause or contribute to causing the death of another person or unborn child; while they
- Are under the influence of an alcoholic beverage, chemical substance or controlled substance and their normal facilities are impaired,
- have a blood alcohol concentration (BAC) of .08 grams or more of alcohol per 100 milliliters of blood, or
- have a breath alcohol level of .08 or more grams of alcohol per 210 liters of breath.
In this law, "normal faculties" are defined as anything that is performed as a common mental or physical task, which includes walking, talking, driving and basic motor skills. Prosecution must prove every element of the law above. If they are not able to, there is a strong possibility that the charges will be reduced, or even dismissed.
Penalties for DUI Manslaughter in Florida
Felony charges are handled by circuit court judges and are punishable by the possibility of more than a year in prison. As a similarly classified offense, DUI manslaughter can come with some of the harshest penalties of any criminal activity in the state. Specifically, a DUI manslaughter charge is considered a felony of the second degree. According to §775.082, a second-degree felony in Florida comes with a potential sentence of:
- Up to 15 years in prison; and / or
- Up to $10,000 in fines.
- Up to six months of probation
Additionally, a person who commits DUI Manslaughter and leaves the scene of the accident, or they knew or should have known the crash occurred, but they failed to give information as required under Florida law. This offense is punishable by up to 30 years in prison and/or fines not exceeding $10,000.
If the defendant had a high BAC (.15 or higher) the penalties will be enhanced. Along with criminal charges, there is also the potential for additional civil charges. Considering there was a victim, you may be subject to civil lawsuits, including wrongful death, among others.
Roelke Law, P.A. | Duval County DUI Manslaughter Arrest Lawyer
There are very few traffic offenses more serious than DUI manslaughter. Florida takes accidents that involve driving under the influence very seriously. The inclusion of a victim creates an even more compromising scenario, which could easily lead to an extended jail sentence and the classification as a convicted felon.
Although law enforcement and the prosecution will likely be pushing for the harshest sentencing, having a capable and experienced DUI lawyer at your side could help you challenge the allegations and increase you ability to successfully defend your name and freedom. William Roelke, of Roelke Law, has been representing Northeastern Florida residents for many years and will draw from this extensive courtroom experience to develop a legal strategy that places you in a defensible position.
The ability to refute major (and minor) details of the case can have profound impacts on the eventual outcome, no matter how much the odds are leveled against you. William knows that every aspect of the case must be taken very seriously, and will do everything in his power to identify errors in procedure and use the facts of the case to your advantage.
Offering cost-effective and timely representation, William Roelke knows that your finances are likely a major concern during this time and will do everything in his power to make certain you are well taken care of without having to pay the exorbitant fees that some attorneys charge. To schedule a free initial consultation to go over the specifics of your DUI manslaughter case in a safe and non-judgmental atmosphere with William Roelke, please call (904) 354-0333 or send an online message today.