Florida DUI Manslaughter

The Most Serious DUI Charge

DUI manslaughter is charged when a person’s impaired driving causes the death of another person — or an unborn child. It is a second-degree felony, and Florida treats it with corresponding severity: up to fifteen years in prison and a four-year mandatory minimum.

These cases are painful for everyone involved. They are also complex, and the outcome often turns on a single legal question: causation.

What the Statute Requires

Under § 316.193(3)(c)3, the State must prove the defendant was driving under the influence and that the impaired operation caused the death.

Leaving the scene of a DUI manslaughter elevates the offense to a first-degree felony, punishable by up to thirty years. There is also a mandatory minimum of four years that a court cannot go below on the base charge.

The Actual Penalties

Where the Defense Begins

• Causation. The central question is whether impairment caused the death, or whether the death would have occurred regardless. This is frequently where these cases are won or lost.
• The impairment proof. Blood draws, testing procedures, and chain of custody are examined closely.
• Accident reconstruction. Independent analysis of the crash can contradict the State’s theory.
• Constitutional challenges to the stop, the arrest, and the evidence still apply at every step.

Jeff Gorman’s experience as a former prosecutor is especially relevant here — he understands how the State builds these cases from the inside.

Frequently Asked Questions