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Can you defend yourself against DUI if the car accident caused a fatality?

On Behalf of | Aug 12, 2022 | Dui

Driving while under the influence of drugs or alcohol is illegal in Florida. A first offense is a misdemeanor, and while the punishments are strict they are not insurmountable. You would have an opportunity to continue your life.

However, if your DUI accident caused a fatality everything is different.

What is the charge if a DUI results in a fatality?

If a DUI accident results in a fatality, it is DUI manslaughter. In Florida, a DUI manslaughter is a class 2 felony, and a conviction will send you to prison. Penalties also include substance abuse classes, huge fines and a suspended license, even if it is your first offense.

Can you defend yourself against DUI manslaughter?

You can absolutely provide a defense in court.

However, the burden of proof for DUI manslaughter is much lower than for other forms of manslaughter. The litigator must only prove that your intoxication was in effect at the time of the accident and that your intoxication caused the accident that killed the victim, to secure a conviction. You will need to prepare a solid defense.

What are some strategies used to fight the charges?

There are some common strategies in DUI manslaughter cases that may help you:

  • You were not impaired
  • You were not driving
  • You did not cause the crash
  • The field test or breathalyzer was invalid
  • The stop was illegal
  • There was insufficient probable cause

It is possible to provide a defense against DUI manslaughter charges that can result in lesser charges, a plea deal or perhaps a dismissal. You must begin planning your defense immediately to obtain the best outcome.


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