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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.

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What You Are Facing

A Second-Degree Felony with Mandatory Prison Time

Florida classifies DUI manslaughter as a second-degree felony. Beyond the statutory maximums, the Criminal Punishment Code scores this offense at Level 8. As a result, the lowest permissible sentence under the guidelines often exceeds the statutory mandatory minimum unless a downward departure is granted.

15
Years Maximum
Prison Sentence
Statutory maximum for a second-degree felony under Florida law.
4
Year Minimum
Mandatory Prison
No suspended sentence, no probation alternative without departure.
$10K
Statutory Fine
Plus Court Costs
Restitution to the victim's family is also routinely imposed.
∞
License Revocation
Permanent
Hardship reinstatement requires a five-year revocation period.
30
Years Maximum
If You Left the Scene
Leaving the scene elevates the charge to a first-degree felony under § 316.027.
F
Permanent Record
Felony Conviction
Cannot be sealed or expunged. Affects employment, housing, and civil rights.
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.
Defense Strategy

How a Serious DUI Manslaughter Defense Is Built

Reasonable doubt is not found in a single fact. It is constructed through methodical investigation, retained experts, and an unrelenting examination of every piece of evidence the State intends to introduce.

The Stop & The Arrest
Was the initial traffic stop lawful? Was probable cause for arrest properly established? Suppression of evidence at this stage can collapse the State's case before trial.
Toxicology Challenges
Breath instruments require strict calibration and maintenance. Blood draws demand chain of custody. Independent toxicologists examine source code, error rates, and contamination. Juries take these issues seriously when properly presented.
Accident Reconstruction
A retained reconstructionist evaluates speed, angle, point of impact, and road conditions. The question is rarely just what happened. It is whether impairment caused the collision, or whether the collision would have occurred regardless.
Causation & Intervening Acts
Florida law requires that the defendant's conduct caused or contributed to causing the death. A victim's own impairment, a third party's negligence, or a medical event can break the causal chain that the State must prove.
Mitigation & Departure
Where conviction risk is unavoidable, the focus shifts to a written motion for downward departure, built on statutory mitigators, character evidence, and a presentation that humanizes the client to the sentencing court.
Trial Preparation
DUI manslaughter cases are won by the defense that out-prepares the State. Cross-examinations are scripted from depositions, exhibits are pre-marked, jury instructions are litigated, and the closing is drafted before voir dire.
Related Florida Statutes

Plain English Statute References

F.S. § 316.193(3)(c)3
DUI Manslaughter Statute
The statute that governs every charge described on this page.
F.S. § 316.027(2)(c)
Leaving the Scene with Death
First-degree felony often charged alongside DUI manslaughter.
F.S. § 782.07
Manslaughter
General manslaughter statute, including manslaughter by culpable negligence.
Reference
Legal Glossary
Definitions of the terms used throughout the firm's legal pages.
Frequently Asked Questions

Florida DUI Manslaughter: Questions Answered

Direct answers to the questions most often raised by clients and family members in the first conversation about a DUI manslaughter charge.

Yes. DUI manslaughter is classified as a second-degree felony under Florida Statute 316.193(3)(c)3. It carries a maximum sentence of 15 years in prison and a 4-year mandatory minimum prison term.
The statutory mandatory minimum is 4 years in prison. However, because the offense is scored as a Level 8 under the Criminal Punishment Code, the lowest permissible guideline sentence is often higher unless the court grants a downward departure based on statutory mitigators.
Leaving the scene of a crash involving death is a separate first-degree felony under Florida Statute 316.027. When charged alongside DUI manslaughter, the leaving-the-scene charge can carry a maximum sentence of up to 30 years in prison.
Yes, in some cases. The State must prove every element beyond a reasonable doubt, including causation. Challenges to the lawfulness of the stop, the calibration of breath instruments, the chain of custody for blood draws, and the accident reconstruction can result in suppression of evidence, reduction to a lesser offense such as vehicular homicide or DUI with serious bodily injury, or outright dismissal.
A DUI manslaughter conviction in Florida results in permanent driver's license revocation. A defendant may apply for a hardship reinstatement after a five-year revocation period if certain statutory conditions are met.
The State must prove three elements beyond a reasonable doubt: (1) the defendant was driving or in actual physical control of a motor vehicle; (2) the defendant was under the influence of alcohol or a controlled substance to the extent normal faculties were impaired, or had a blood or breath alcohol level of 0.08 or higher; and (3) the defendant's operation of the vehicle caused or contributed to causing the death of another person.
Most DUI manslaughter cases take eighteen to twenty-four months to resolve. The timeline reflects the volume of discovery, the time required to retain and prepare expert witnesses, motion practice, depositions, and trial scheduling on a court's felony docket.
Florida's implied consent law requires drivers to submit to a lawful breath or urine test. In a fatal crash, law enforcement may also seek a blood draw under statutory or warrant authority. Refusal carries administrative consequences, but the lawfulness of the request and the procedure used are subject to challenge by defense counsel.
A Word on Representation

A defense of this magnitude requires resources commensurate with what is at stake.

Properly defending a DUI manslaughter case is not measured in court appearances. It is measured in retained experts (toxicologists, accident reconstructionists, biomechanical engineers) and in the hundreds of hours a trial team will spend on motion practice, deposition strategy, and trial preparation over the eighteen to twenty-four months a case typically takes to resolve.

Lafrance Golondrino Law accepts a limited number of these matters each year. Engagement requires a substantial defense retainer reflective of the work the case demands. We believe in being honest about that at the first conversation, both because it respects your time and because a defense conducted on insufficient resources is a disservice to a case where the stakes are this high.

Have you been charged with DUI manslaughter?

Call directly to speak with Houson R. Lafrance about your case. Initial conversations are confidential and protected. Time matters. Physical evidence degrades, witnesses scatter, and the State's investigators are already at work.

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