24-Year-Old Arrested for DUI, Driving without a License, and DUI Manslaughter
A 24-year-old man was arrested on suspicion of DUI after he allegedly caused the death of a 41-year-old woman. According to the police report, he made an unsafe lane change causing the other driver to swerve out of her lane. She was killed in the attempt. Another man was seriously injured in the crash.
Police suspect that the individual was drunk at the time of the accident. He will face charges of DUI manslaughter, DUI causing serious bodily injury, and driving without a license. He potentially faces decades in prison on the charges.
DUI Manslaughter
Those who cause an accident that results in death while under the influence of drugs or alcohol can face charges of DUI manslaughter. DUI manslaughter requires that the prosecution establish that the defendant caused the accident that resulted in death. You cannot simply be drunk and then get into an accident. The prosecution must establish that you were responsible for the accident. In the case mentioned above, the police say that the driver swerved out of his lane and entered the lane of the 41-year-old woman. Another man was also injured in the crash.
DUI manslaughter charges are considered a second-degree felony under Florida law. It can be charged as a first-degree felony if you attempt to flee the scene of the accident. The maximum penalty for a second-degree felony is 15 years in state prison. DUI manslaughter has a recommended sentence of just under 10 years in prison. In some cases, the defendant may appeal to the court for a downward departure sentence or as part of a plea deal. In those cases, the absolute minimum sentence is 4 years. In other words, those convicted of DUI manslaughter face at least 4 years in state prison. There is no way around a prison sentence if you plead guilty.
The only way to defeat these charges is to establish that, even though you were drunk at the time of arrest, you were not responsible for the accident. In the case mentioned above, the suspect is accused of failing to maintain his lane, swerving into another lane with a car in it, and causing a crash that resulted in death.
DUI causing serious bodily injury
To prove DUI causing serious bodily injury, prosecutors must establish that you caused an accident that put another party at substantial risk of death, caused disfigurement, or resulted in the protracted loss of an organ. Not all injuries are considered serious. DUI causing a non-serious injury is considered a misdemeanor. DUI causing serious bodily injury is considered a third-degree felony punishable by up to 5 years in prison. In this case, the defendant is facing charges of both DUI manslaughter and DUI causing serious bodily injury. He can face 20 years on those charges alone.
Talk to an Orlando DUI Attorney Today
If you are facing DUI charges in Orlando, FL, call the Florida DUI defense lawyers at the FL DUI Group today to schedule an appointment and learn more about how we can help.
Source:
fox35orlando.com/video/1267066
