DUI Homicide

Definition and Classification

DUI homicide—often called DUI manslaughter—occurs when a person under the influence of alcohol or drugs causes the death of another human being or an unborn child. Under Florida law, DUI manslaughter is a second‑degree felony punishable by up to 15 years in prison, a mandatory minimum four‑year prison term and fines up to $10,000. 

If the driver knew or should have known that a crash occurred and failed to give information or render aid (i.e., left the scene), the offense becomes a first‑degree felony punishable by up to 30 years in prison. In addition to imprisonment and fines, a conviction results in permanent driver’s license revocation.

Strict Liability and Case Law

Florida treats DUI manslaughter as a strict‑liability offense. In Baker v. State, the Florida Supreme Court held that prosecutors do not have to prove causation between intoxication and the victim’s death; the statute imposes liability simply because the driver was impaired and a death occurred. 

This interpretation was reaffirmed in Magaw v. State, where the Court emphasized that the legislature intended to deter drunk driving by imposing severe penalties without requiring proof of causation. Because DUI manslaughter is strict liability, defenses based on lack of causation generally will not succeed. However, the state still must prove impairment or a BAC of 0.08 % or higher and that the defendant operated or was in actual physical control of the vehicle.

Consequences and Collateral Effects

• Imprisonment: Mandatory minimum four years, up to 15 years for standard DUI manslaughter; up to 30 years if the driver left the scene.

• Permanent license revocation: Reinstatement requires completion of substantial requirements and may not be granted for many years.

• Restitution: Courts may order restitution to the victim’s family for funeral expenses and other losses.

• Civil liability: A criminal conviction does not bar civil wrongful death lawsuits; families may seek significant damages in civil court.

Defense Considerations

While causation is not an element, defense strategies may include challenging the validity of breath or blood tests, disputing whether the defendant was driving or in actual physical control of the vehicle and presenting evidence that the defendant’s impairment did not cause the crash. In some cases, constitutional challenges to the traffic stop or arrest procedures can lead to suppression of critical evidence. 

Negotiating for lesser charges, such as vehicular homicide or reckless driving, may be possible when the evidence of impairment is weak.

Ticket Shield’s Commitment

DUI homicide cases carry devastating consequences. Ticket Shield takes an aggressive, comprehensive approach: we scrutinize every aspect of the investigation, from the initial traffic stop to the handling of chemical tests. We work with toxicologists and accident reconstruction experts to challenge the state’s evidence. 

Our attorneys negotiate with prosecutors to seek reduced charges or sentencing concessions and advocate for our clients at every stage. We also counsel clients on steps that demonstrate remorse and responsibility, such as attending treatment and community outreach, which can influence sentencing. Facing a DUI manslaughter charge is overwhelming, but with experienced legal representation, you can ensure that your rights are protected and strive for the best possible outcome.