Tampa DUI Manslaughter Lawyer
Any DUI accident that results in the death of another can result in charges of DUI manslaughter. Per Florida Statutes §316.193(3), someone who is operating a vehicle with a blood alcohol level (BAL) over 0.08% or when impaired, who causes or contributes to the causing of the death of a human or an unborn quick child is guilty of a second degree felony DUI.
According to the law, an "unborn quick child" is defined as a viable fetus; per Florida Statutes §782.071, this refers to a fetus that is "capable of meaningful life outside the womb through standard medical measures."
The penalties for DUI manslaughter include the following:
- No more than a $10,000 fine; and
- Up to 15 years of incarceration.
In cases where the driver knew the accident occurred and fled the scene, they will also face hit and run charges. Failing to stop and render aid or give information to authorities is a serious criminal offense that can result in aggravated DUI charges. The prison sentence could be as long as 30 years, depending on details from the incident. There are additional penalties that can be levied against the defendant. This includes the permanent revocation of the defendant’s driver’s license. The defendant may also be required to complete community service and attend DUI school.
Right of Action: Civil Cases
Beyond the criminal charges that will be pressed for DUI manslaughter, the defendant may also face a civil case. Per Florida Statutes §768.19 (2012), the surviving family members of the person killed have a right of action. Under this section of the law, when a person is killed by a "wrongful act," the surviving family members have the right to seek legal action in an effort to recover damages. This is done on top of and independent from the criminal charges; this case may result in the defendant paying restitution.
Tampa DUI Defense Attorney - Fighting for You
You do not need to accept criminal charges lying down. By getting the involvement of a Tampa DUI lawyer, you can take the necessary steps to protect your rights. Charges relating to DUI manslaughter are some of the most serious offenses you could be facing. Not only are you at risk for monetary fines and incarceration, but if found guilty, you will also have your license revoked. This could have far-reaching effects on your life. It is therefore important that no time is wasted in getting the involvement of a high-quality Tampa defense attorney on your side.
When you need an aggressive DUI defense lawyer on your side, do not hesitate to contact Thomas & Paulk, P.A. We know what is at stake and will do everything possible to provide our clients with the reliable legal assistance that they deserve. By working with our team, you will have access to over 20 years of combined experience during which we have handled 7,000+ cases. Why work with an inexperienced lawyer when you can have a heavyweight in your corner? To learn more about how we can step up to protect your rights, we encourage you to contact us as soon as possible. You can learn more about our firm by reading through our case results, as well as reading our attorney profiles.
Want to schedule a free consultation? We encourage you to call us at (813) 321-7323. If you would like to send a message to our firm directly, you can take advantage of our online case evaluation form.
Drunk driving cases may or many not require a formal trial. We discuss what most can expect in terms of the process and duration of their DUI case.
At Thomas & Paulk, one of our primary focuses is on the defense of DUI charges. In fact, we are recognized throughout the Tampa area as one of the premier DUI defense law firms. Our team is well-versed in this area of the law and has a wide-expanse of experience in helping our clients fight against such charges.
It doesn’t matter if this is your first offense or your third, you can count on our firm to have the experience to protect your legal rights. Often, our defense starts with recounting with you how the police officer came to stop you in the first place and how he or she came to believe you may be under the influence of alcohol. If the stop was illegal, or the tests were improperly administered, we may be able to argue for the dismissal of that evidence in court, helping your chances of a dropped charge.
The important thing is that you act quickly. Criminal cases involving charges of drinking and driving are serious and they can move fast. You cannot afford to wait or ignore your charges. You need a legal professional on your side who truly understands what you're facing so that they can offer you experience counsel and sound advice. To learn more about how a lawyer like this can assist with your case, we encourage you to contact us as soon as possible. Call our Tampa DUI defense attorneys at Thomas & Paulk today to schedule an initial consultation. This is a completely free, confidential appointment for you to tell us your side of the story.
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