DUI Manslaughter Lawyer in Fort Lauderdale

Defend Your Freedom With the Help of Experienced Legal Representation

If you are facing DUI manslaughter charges in Florida, the gravity of the situation cannot be overstated. It is not only prison time and other criminal penalties you face—this charge threatens your future. Your reputation, freedom, and your life, as you know it, are all on the line.

Florida laws surrounding DUI manslaughter are severe, and the stakes could not be higher. No matter how overwhelming the situation may seem, you do not have to face it alone. Your best chance of obtaining the most favorable outcome is to have a skilled and aggressive DUI manslaughter lawyer by your side.

You need a criminal defense attorney who will represent you and fight relentlessly for your rights, freedom, and future. At George Reres Law, P.A. in Fort Lauderdale, we are here to help. Our seasoned criminal defense lawyers have the experience, dedication, and knowledge to give you the best possible chance of success.

What Is DUI Manslaughter?

Under the Florida Statutes Section 316.193, DUI manslaughter is defined as causing the death of another person or an unborn child while driving under the influence of alcohol or drugs. It is a second-degree felony offense with severe penalties, including lengthy prison terms, significant fines, and a permanent criminal record that can impact every aspect of your life. If convicted, you could face up to 15 years in prison, fines of up to $10,000, driver’s license revocation, and mandatory community service.

The prosecution must prove the following to get a conviction on a charge of DUI manslaughter:

The defendant was operating the vehicle at the time of the incident.
The defendant was driving with his or her normal faculties impaired by alcohol or drugs, or a combination of both, or with a blood alcohol level of .08% or higher.
The defendant’s impairment was a direct cause of the fatal accident. This requires establishing a clear link between the impairment and the person’s death. If the crash were caused by other factors, such as mechanical failure or another driver, it could weaken the prosecution’s case.
The defendant’s actions caused the death: The prosecution must prove that the death of the person or unborn child occurred as a direct result of the defendant’s impaired driving. The defense case could involve expert testimony, accident reconstruction, and other evidence.

What Are the Consequences of a DUI Manslaughter Conviction?

A conviction of DUI manslaughter can have devastating consequences, both immediately and for the remainder of your life. Repercussions may include the following:

Lengthy prison term: The courts in Florida do not take this offense lightly. A DUI manslaughter conviction carries a prison sentence of up to 15 years.
Fines: Besides prison time, you may be ordered to pay fines of up to $10,000 – a significant financial burden.
Driver’s license revocation: If you are convicted, your driver’s license may be permanently revoked. Losing your driving privileges makes it more difficult to get to work, run errands, take care of personal responsibilities, and live a normal life.
Civil liability: Beyond the criminal penalties, surviving family members of the deceased may file a wrongful death lawsuit against you in civil court, seeking compensation for financial losses and emotional pain and suffering.
Loss of reputation: A conviction of DUI manslaughter can irreparably damage your personal reputation. You may find yourself facing public scrutiny, which can be particularly damaging if you work in a profession such as law, healthcare, or finance, where trust and integrity are crucial.
Damage to personal and professional relationships: The fallout from a DUI manslaughter charge can extend to your relationships with family, friends, and colleagues. Trust may be eroded, and relationships that were once solid can become strained. A conviction could severely impact your career, as employers may be hesitant to hire or retain someone with a felony conviction, particularly one tied to a tragic event such as DUI manslaughter.
Impact on future opportunities: If you are convicted of DUI manslaughter, it will likely remain on your record permanently, which can close the door to many opportunities. It could significantly impact your future prospects for housing, loans, employment, and professional licensing.

What Are the Legal Defenses Against DUI Manslaughter Charges?

In DUI manslaughter cases, as in all criminal cases, the burden of proof is on the prosecution. To convict you, the prosecutor must prove beyond a reasonable doubt that you were driving impaired and caused the death of another person. Not all DUI manslaughter cases are straightforward. Your defense attorney will employ any applicable legal defense to weaken the prosecution’s case or secure a more favorable outcome. The following are some possible legal defenses in DUI manslaughter cases:

Improper DUI Testing Procedures

Challenging the accuracy and legality of DUI tests is one of the most common defenses in DUI cases. If blood alcohol content (BAC) tests, field sobriety tests, or chemical tests were conducted improperly, the results may be inadmissible in court. The following issues could potentially invalidate test results:

Improper maintenance or calibration of testing equipment such as breathalyzers
Failure to properly observe the defendant before administering a breath test
Improper handling of blood, urine, or other chemical samples, leading to contamination or inaccurate results

Delay in Breath or Blood Testing

In DUI manslaughter cases, the prosecution may rely on BAC to demonstrate impairment. However, delays in administering a blood or breath test can result in inaccurate BAC level readings. The longer the time period between the incident and the test, the more difficult it is to establish an accurate BAC level at the time of the crash. As alcohol metabolizes over time, your BAC may have been lower at the time of the accident than when the test was administered.

Lack of Causation

To get a DUI manslaughter conviction, it is not enough for the prosecution to prove you were impaired. They must also prove your impairment caused the fatal accident. Even if you were under the influence, other contributing factors could have led to the person’s death. Ways to challenge causation include the following:

The fault of the other driver: If another driver involved in the crash was speeding, running a red light, driving aggressively, or otherwise negligent, your attorney could argue that they were primarily responsible for the accident and that your impairment was not the proximate cause of death.
Mechanical failure: If brake failure, a tire blowout, or other mechanical issues contributed to the crash, this could serve as a basis for defense. Your lawyer could argue that the accident would have occurred regardless of your impairment.
Environmental Factors: Poor weather conditions, road hazards, or lack of road maintenance may have contributed to the accident. If environmental factors were significant, it could create doubt that your impaired driving was the primary cause of the fatal crash.

No Proof of Impairment

While impairment is presumed with a BAC of .08% or higher, DUI manslaughter can be brought against a person with a BAC below .08% if it can be proven that alcohol, drugs, or a combination impaired their normal faculties. If your BAC were below the legal limit, and there is insufficient evidence that your impairment caused the fatal accident, defense counsel could argue that you were not impaired to the extent that would have caused the crash.

Errors in the Accident Reconstruction Process

Law enforcement typically conducts an accident reconstruction in DUI manslaughter cases to determine how the crash occurred and what caused the fatality. These reconstructions rely on physical evidence, expert analysis, and witness testimony to recreate the events leading up to the accident. Errors or inconsistencies in the reconstruction process can provide an avenue for the defense to challenge the prosecution’s version of events. Such errors may include misinterpreting evidence, failure to account for relevant factors, and incorrect conclusions about how the crash occurred.

Unreliable or Contradictory Witness Testimony

Another effective defense strategy is challenging the credibility or reliability of witness testimony. If witnesses claim to have seen you driving erratically or impaired, the defense may investigate these individuals to determine whether their statements are reliable. The following are factors that could raise doubt about the reliability of key witnesses:

Inconsistent statements made by witnesses regarding what they saw
Lack of clear opportunity for witnesses to accurately observe events (for example, if they were too far away or had a limited view)
Bias or ulterior motives of witnesses who may have an incentive to provide false testimony

Why You Need a Fort Lauderdale DUI Manslaughter Lawyer

If you have been arrested and charged with DUI manslaughter, the idea of prison time and long-term consequences can be daunting. It is important to remember that not all DUI manslaughter cases are cut-and-dried. An experienced criminal defense attorney can investigate every aspect of your case, examining the evidence, scrutinizing the details of the accident, and challenging any weakness in the prosecution’s case. A seasoned DUI manslaughter lawyer will know how to protect your rights and present a compelling defense that could result in reduced charges, a more lenient sentence, or even a complete dismissal.

Here is what a DUI manslaughter lawyer can do for you:

Analyze the evidence: We can carefully review all the evidence related to the accident, including blood alcohol content tests, accident reports, witness statements, and law enforcement procedures. Even the smallest inconsistency or error in the evidence can be an advantage in your defense.
Challenge the DUI evidence: The prosecution must prove you were impaired while driving. If there were any flaws in the way DUI testing was conducted, such as improper testing methods or mishandling of blood samples, we could challenge that evidence in court.
Explore alternative theories of the case: There may have been factors beyond your control that contributed to the accident, such as mechanical failure, poor road conditions, or the actions of another driver. A skilled DUI manslaughter attorney will investigate every angle to ensure all facts are considered.
Negotiate for lesser charges: If the evidence against you is strong, we may negotiate with the prosecution for a reduced charge or a more lenient sentence. This may include negotiating down from manslaughter to a lesser charge, such as vehicular homicide or even negligent driving, depending on the circumstances.
Aggressively defend you in court: If your case goes to trial, we can provide an aggressive defense. We use our knowledge of Florida DUI law and courtroom strategies to contest the charges and present a compelling argument on your behalf.
Guide you through the legal process: DUI manslaughter cases involve complicated legal proceedings. From pre-trial motions to jury selection to evidentiary hearings to the final verdict, we can ensure you are informed and prepared at every step of the process.

Get Help from a DUI Manslaughter Lawyer

The reality is that a DUI manslaughter charge in Florida can result in life-altering consequences, but you do not have to face it on your own. With the right criminal defense attorney, you have a fighting chance. At George Reres Law, P.A., we understand the stress you are under, and we are here to help you navigate this complex legal situation.

We focus our practice exclusively on criminal defense. Our team is committed to providing aggressive, comprehensive, compassionate, and personalized legal representation. Accusations of DUI manslaughter are a serious matter. If you face these charges, contact us at 954-543-1186 for a free consultation. We can review your case and advise you of your options moving forward.

Every minute counts when you are facing DUI manslaughter charges. Call now and let us put our years of experience to work for you.