Jacksonville Felony DUI Attorney

What Is DUI Manslaughter?

DUI manslaughter is defined under Florida Statutes § 316.193(3) (2012) as someone who drives under the influence and while in operation of the vehicle either causes or contributes to the death of any human being – this includes an unborn quick child. An “unborn quick child” is defined under § 782.071 as a fetus that would be capable of meaningful life outside of the womb. In most cases, this is considered a second-degree felony and would be punishable with imprisonment not exceeding 15 years, as well as a $10,000 fine.

There are, however, some circumstances that would result in the offense being elevated to a first-degree felony. This occurs when the defendant is proven to have known that the crash occurred and failed to render aid. In these cases, punishment includes imprisonment not exceeding 30 years (in some situations resulting in life in prison), as well as a $15,000 monetary fine.

Charged for DUI With Injury?

DUI with injury is a situation that is outlined under Florida Statutes § 316.193(3). Under this section of the law, it states that a defendant who is convicted of driving under the influence and causing serious bodily injury to another through the operation of a vehicle is guilty of a third-degree felony. What exactly constitutes a serious bodily injury? This is answered in § 316.1933 as any injury which would place the victim’s life substantially in danger; it can also result in physical impairment or disfigurement.

In cases where serious bodily injury has occurred, there are several changes that may result in the arrest procedure. For example, once a serious bodily injury has happened, law enforcement has the right to require a blood sample from the alleged drunk driver. In some cases, reasonable force may be used in an attempt to get the defendant to submit to the blood test.

Call For a Free Consultation With a Jacksonville Felony DUI Lawyer

In order to be convicted of a felony DUI, the prosecution must prove, beyond and to the exclusion of a reasonable doubt, that not only were you intoxicated while driving your vehicle, but that you have at least two prior DUI convictions. Our attorneys at Problems? Pick Porter!™ has a solid history of successfully defending felony DUI cases in court. Our experienced team includes a number of former DUI prosecutors who all have decades of experience in handling DUI cases in front of a judge.

With a strong understanding of both sides of the courtroom, our attorneys can create a vigorous defense case, anticipating any line of attack a prosecutor may take. Your case is not hopeless; having a Jacksonville felony DUI attorney on your side can dramatically increase your likelihood of receiving a lighter sentence or of having your felony charges reduced to misdemeanor charges.