Florida Statute § 316.193(3)(c)3
DUI Manslaughter Defense
in Florida
A DUI manslaughter charge is among the most serious offenses prosecuted in Florida courts. The case against you will involve toxicology evidence, accident reconstruction, expert witnesses, and a state attorney's office determined to secure a conviction. The defense must match that effort at every stage, and then exceed it.
The State's Burden
What the Prosecution Must Prove Beyond a Reasonable Doubt
Every element below must be proven by the State. Each element is a point of attack. A focused defense isolates the weakest link in the prosecution's chain of proof.
01
Operation of a Vehicle
The defendant was driving or in actual physical control of a motor vehicle. In some cases (sleeping in a parked car, being a passenger who briefly steered), actual physical control becomes a contested factual issue.
02
Impairment Under Florida Law
The defendant was under the influence of alcohol or a controlled substance to the extent that normal faculties were impaired, or had a blood/breath alcohol level of 0.08 or higher. Each pathway carries different evidentiary requirements.
03
Causation of Death
The defendant's operation of the vehicle caused or contributed to causing the death of another person. Causation is frequently the most contested element. An intervening cause, a victim's own conduct, or a separate mechanism of injury can defeat causation entirely.