DUI Manslaughter now calls for a presumptive sentence in Florida of over 10 years in Florida State Prison, even on a first offense.
It is recommended that you seek immediate legal assistance if your are charged or a suspect in such a case. We are available 24 hours for help, call us at toll free at 866-786-5297 or if you need a Clearwater DUI Lawyer, call the Clearwater office at 727-726-5297.
Contact Florida DUI Lawyers
If you have been arrested for a Florida DUI Manslaughter or any other type of serious DUI offense, you must contact a Florida DUI lawyer ASAP. Fill out the online DUI Free Case Evaluation form below and explain your case in more detail.
FLORIDA DUI MANSLAUGHTER
A DUI MANSLAUGHTER occurs when there is a death of a human being caused or contributed to by a person who is driving under the influence to the extent his or her normal faculties are impaired. It is a very serious accusation. The Florida Sentencing Code is what Judge’s are required to follow in sentencing a person found guilty of DUI Manslaughter.
The Code is a series of scores given to different criminal offenses which the legislature has passed providing judges with punishments that should be handed down on certain offenses. Prior offenses are also given point values to score. There is a formula which is used to come up with a point value and a presumptive minimum sentence which the judge must follow.
On a conviction for DUI manslaughter the sentencing code indicates a minimum sentence in the department corrections (state prison) of approximately 10 years. Florida statutes also allow for a person to ask the judge to “depart” from the sentencing code under very specific criteria presented to the judge for sentencing considerations. Even with a departure the legislature has passed a law that does not allow a sentence lower than 4 years in prison. An experienced DUI Manslaughter is very important in defense of the charges and in mitigation of sentence.
There are DEFENSES to DUI Manslaughter.
There may be challenges to the admissibility of certain evidence, such as a breath test or a blood test or urine test . A defense to DUI Manslaughter is that the state lacks proof beyond a reasonable doubt that a person’s normal faculties were impaired due to alcohol or a controlled substance. If the accident and the death were not caused by the person charged this may be a defense to the charge.
The particular circumstances of your case are vital and every case is different. You should discuss the circumstances of your arrest with your experienced DUI Manslaughter attorney. Larry Sandefer has been a criminal trial lawyer for over 30 years. Please review his experience and honors and call for an appointment. All initial consultations are free and are held in the strictest of confidence.
A DUI MANSLAUGHTER may involve the use of alcohol, certain chemicals, or controlled substances, whether prescribed or not. At Sandefer Law Firm we will go over thoroughly with you the circumstances surrounding your arrest, the evidence, and the options or alternatives available to us. A DUI or DUI MANSLAUGHTER by chemicals or controlled substances is a matter on which we often consult with the expert chemist.
It can be difficult for the state attorney to establish or prove impairment due to ingestion of other substances. Often blood tests only show metabolites or are not quantified as to what may be in a person’s system. Marijuana a particularly difficult drug with which to establish impairment. Use of expert testimony is necessary in most of these charges. Larry Sandefer and Sandefer Law Firm this familiar with and is handled many such cases. Initial consultations at Sandefer law firm are free.
We feel that is important for you to gain as much knowledge as you can and discuss your case thoroughly with a qualified attorney in order to make the proper decision regarding your representation.
FLORIDA DUI DEFENSE TOPICS
- Evaluation of Your DUI Case – The first thing to look at in a Florida DUI case is the stop. A law enforcement officer must have a stated legal ground to stop your vehicle.
- Other Types of DUI Accusations – Many DUI cases involve the accusation of impairment due to drug ingestion. Not only are we experienced in this area, we have access to experts including renowned chemists to review your case and offer testimony if necessary.
- Felony DUI & DUI with Serious Injuries – A DUI can become a felony if it is the third DUI conviction and the previous conviction is within 10 years. A fourth DUI conviction is also classified as a felony.
- Possible Penalties for DUI – Penalties for DUI can increase if a person has any prior convictions for driving under the influence. The number of convictions, when they occurred, and even whether you were represented can have dramatic affects on your license and penalties.
- Traffic DUI Law – Arrested for a Florida Traffic DUI? In Florida, if you have been arrested for DUI and your breath test result was .08 or higher, or if you refused to take the breath test, the officer probably took your driver’s license from you.
- Florida DUI Developments – Larry Sandefer attends valuable programs locally and nationally such as “Masters of DUI”, “Blood, Breath and Tears”, as well as the National DUI Conference put on by the National College of DUI Defense
- FREE DUI Case Evaluation – Contact us today for a Free Florida DUI Case Evaluation.
Larry Sandefer – Criminal Defense Attorney & DUI Defense Attorney
- Over 30 Years Courtroom Experience
- Former Lead Trial Lawyer & Division Director
- Over 5000 Criminal Cases Handled
- Hundreds of Jury Trials as sole or lead counsel