Accidents that result in death are a tragedy for both the family of the deceased and the person who police believe is at fault, especially if DUI manslaughter is suspected. But these accidents do happen.
The Orlando DUI manslaughter attorneys at TK Law want to prevent a different tragedy from happening: if you or a loved one is charged with the serious crime of DUI manslaughter, we do not want you to cave in or give up on your innocence out of fear. Attorneys at TK Law have the clear-cut experience it takes to wisely and aggressively defend you no matter how much pressure a prosecutor tries to bring.
We at TK Law have faced DUI manslaughter charges with clients before and know how to build a case around the strengths and weaknesses of the evidence stacked against you. We have a proven history of negotiating for the total dismissal of DUI-related charges or getting charges down to a much lesser offense so that you can get your life back on track.
Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376).
You need to meet as soon as possible with an Orlando DUI attorney at TK Law after your arrest. We offer a free consultation.
Florida DUI Manslaughter: The Charge
Florida law states that DUI manslaughter occurs when a person who is guilty of DUI causes the death of another person, including an unborn child. You can be charged with DUI if your blood alcohol concentration (BAC) is above the legal limit of .08.
Although alcohol may appear to be the most common DUI offense, a Florida officer can charge you with DUI if there is suspicion that you are under the influence of prescription or over-the-counter medicines, illegal drugs, or a combination of any of the three.
A death caused by drunk driving is undoubtedly the most serious DUI offense in Florida law and a conviction carries some harsh penalties. The charge can be a first-degree felony or a second-degree felony in Florida. A conviction could result in a minimum, mandatory four-year imprisonment sentence and as many as 30 years in a Florida state prison and $10,000 fine.
The accused may also face a related charge of Vehicular Homicide.
There are other potential consequences to an Orlando DUI manslaughter conviction, including the permanent loss of your driver’s license. TK Law can offer more insight on any of these consequences and will fight our hardest for you to avoid any or all of these DUI penalties.
The Defense
Here at TK Law, we want to put our years of experience to work for you so that you are treated fairly amid the accusations that you face. Some of the defenses generally considered in a DUI case include:
- Whether the prosecution can prove the actual driver. It is important that you or your loved one not admit to anything after the accident, because a lack of “wheel witnesses” could lead to an acquittal in the case.
- Whether the driver was properly read his or her Miranda Rights. If a driver happens to admit to wrongdoing at the accident scene, that information may not be admissible if the arresting officer did not read the driver’s Miranda Rights
- Whether the driver was warned of the penalties of declining to take a sobriety test or if the test was given accurately.
- Whether the arresting officer accurately interprets the level of intoxication and other observations.
- Whether the BAC testing was accurate and in line with a variety of testing factors that would make the BAC valid.
- Whether it was indeed the accident that led to death. There could have been other causes, including natural causes, which led to death in the accident.
Sobriety Tests
There are three specific chemical sobriety tests in addition to a field sobriety test that an officer may use to determine your BAC. These chemical tests include a Breathalyzer, Urine Test, and a Blood Test. Each of the test’s readings can be faulty, so different defenses and procedures may apply to each of these sobriety tests.
- A Breathalyzer test is administered when an officer asks you to blow into an intoxilyzer machine in order to test your BAC. These machines are not always calibrated and maintained on a regular basis as they should be, which could result in a highly inaccurate reading. Radio frequency and human error can also affect the Breathalyzer reading.
- A urine test occurs when a urine sample is taken to test your BAC. A urine test can be extremely inaccurate, particularly because it fails to identify the time of ingestion of alcohol and other controlled substances into the body. The breakdown of chemicals in urine can also result in an inaccurate reading.
- A blood test is often considered the most accurate of chemical tests that measure DUI. A mandatory blood test can be administered when death is involved in an accident. There can be a degree of faultiness in a blood test’s results.
- A field sobriety test can render erroneous results altogether, as a person’s nerves or even attire (especially the type of shoes) can affect the results.
You need a defense attorney beside you who is willing to examine your case and not be careless with your defense, as well as advise you on what you should or should not do at the onset of the case. You can call us today.
Steps to take after an Orlando DUI Manslaughter Arrest
Because of the seriousness of this charge, there are some steps that need to be taken right away.
- Call an attorney. We can be reached quickly and conveniently here or you can call us at 855-Kramer-Now (855-572-6376) so that we can review your case and prepare for your defense.
- DO NOT admit to any guilt or make any statements to police. Do not be disrespectful about it, but let the officer know that your TK Law DUI attorney will handle any conversation with law enforcement.
- DO NOT take the advice of anyone who is not an attorney, especially while at the scene. Inexperienced or untrained advice could cost you your freedom.
- Try to remember events as best you can in order to share that information with your attorney, and your attorney only. By contacting TK Law immediately, our attorneys can help you preserve any necessary evidence or recollection.
- Do not take chances. A DUI manslaughter conviction could change your life forever. Accidents that result in the loss of life are tragic enough for everyone involved. You do not want to take defending your case lightly.
Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376).
TK Law wants to represent you through all of your DUI-related issues and other legal matters that you may encounter in your life. View our DUI/DWI Video Help and our other Practice Areas for more information on our wide range of services.