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 be facing charges of a hit and run. Failing to stop and render aid or give information is a serious criminal offense which can result in aggravated DUI penalties. While the fine may stay the same, imprisonment may extend up to 30 years. In some cases, the defendant may also be sentenced to serve community service in a trauma center or hospital who regularly serves victims of vehicular accidents under the supervision of an authorized person.

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.

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DUI Defense in Florida

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 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.

If you would like to learn more about how our team can help, contact us today.

If you're arrested for DUI, you only have 10 days to schedule a DMV hearing where you can fight to save your license.
A blood alcohol reading of 0.15% or more can warrant an aggravated DUI charge with harsher penalties.
Each year, Hillsborough County issues around 4,000 DUI citations. Out of these, more than 3,000 are found guilty.
Per Florida's zero-tolerance policy, anyone under the age of 21 who tests positive for any measurable blood alcohol can be charged with DUI.

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