DeLand DUI Manslaughter Defense Attorney
Manslaughter is often considered the act of killing someone by accident. This definition is somewhat true, but it doesn’t tell the whole story. If, for instance, something sharp slips from your hand, killing someone on the floor below you, that is not a case of manslaughter. Manslaughter involves doing something inherently dangerous or negligent, resulting in someone else’s death.
Driving under the influence (DUI) of drugs or alcohol is an inherently dangerous, illegal act. If a drunk driver kills someone, that driver can be arrested for DUI manslaughter.
Our team is dedicated to defending the residents of Volusia County and its surrounding areas. With over three decades of experience, we have the skill and determination to fight your charges in court. We treat our clients with care and compassion, free of judgment or reprimand.
For an experienced defense against vehicular DUI manslaughter charges in DeLand, call Buckmaster & Ellzey today at (888) 785-6548.
Voluntary and Involuntary Manslaughter
Remember, manslaughter goes beyond an accidental death. The crime involves taking an illegal risk, killing someone in the process.
Involuntary manslaughter results from grossly negligent behavior. Imagine, for instance, someone firing an arrow into the dark, striking a passerby, and killing them. The shooter isn’t aiming for this person, and they have no intent to harm anyone, but their behavior can result in a manslaughter charge.
Voluntary manslaughter is a bit of a misleading term. The “voluntary” part of the phrase refers to the intent to harm. For example, say two people get into a fistfight, and one beats the other to death. The survivor could be charged with involuntary manslaughter. Their intent is not to kill, but they still voluntarily visited harm upon the victim.
Florida has a special category for vehicular manslaughter, or killing someone through negligent driving behavior. If a drunk driver kills someone, that is a form of vehicular manslaughter.
Vehicular manslaughter is a second-degree felony in Florida. It is punishable by up to 15 years in prison with fines as high as $10,000.
Special DUI Vehicular Manslaughter Penalties
Generally, a DUI manslaughter bears the same penalties as standard vehicular manslaughter, up to 15 years in prison with fines up to $10,000.
However, special circumstances can make drunk driving manslaughter more severe. If the alleged offender refuses to give up their personal information, or if they neglected to provide aid to the victim, the crime becomes a first-degree felony. This is the highest level of crime in Florida. It is penalized by up to 30 years in prison with fines up to $10,000.
As with any other DUI crime, there are other potential penalties you could endure. You may be ordered to attend treatment and other educational courses, usually at your own expense. Your license could be suspended or revoked, and you may be forced to install an IID (ignition interlock device) on your car. Furthermore, your car could be impounded.
Our Firm Is Here to Help
At Buckmaster & Ellzey, we believe you are innocent until proven guilty. Our job is to help you preserve that innocence. One of our founding attorneys is an experienced former prosecutor, so we know how facts can be twisted to make you look guilty. We’re aware that these tricks enhance the charges against you, and we are prepared to fight back.
Through rigorous investigation, we can break down the facts of your case. If we find any evidence of police impropriety, we may be able to use it to have your case dismissed. Moreover, we will scrutinize the evidence against you. Field sobriety tests and breathalyzers are often unreliable evidence, as are an officer’s direct observations. Even hard evidence like a blood test can be tainted. If there is a flimsy case against you, we will work hard to break it apart.
For a skilled, experienced defense against DUI manslaughter charges in DeLand, call (888) 785-6548 today for a free consultation. You may also contact us online.