Understanding the Difference Between DUI Manslaughter and Vehicular Homicide in Florida
In Florida, when a person is killed in a traffic-related incident, the legal consequences can be severe for the at-fault driver. Two of the most commonly charged crimes in such circumstances are DUI manslaughter and vehicular homicide. While both these offenses involve the illegal killing of another person while operating a vehicle, they differ significantly. Understanding the difference between DUI manslaughter and vehicular homicide is crucial for anyone involved in such a case.
Understanding DUI Manslaughter in Florida
In Florida, DUI manslaughter is a serious crime that occurs when someone causes death while driving under the influence of alcohol or drugs. This offense is codified under Florida Statute section 316.193. In Florida, you can be charged with DUI manslaughter if;
- You were driving or in actual physical control of a car
- You were under the influence of alcohol or drugs to the extent that your normal abilities were impaired or your blood- or breath-alcohol level was at least 0.08.
- Your impaired driving caused or contributed to the fatal accident.
Florida law considers the offense of DUI manslaughter a second-degree felony. You could face up to fifteen years in jail if convicted of this offense. You could also be fined up to $10,000. Additionally, being convicted of DUI manslaughter can lead to permanent license revocation. If a driver flees the accident scene, the charge is elevated to a first-degree felony, which can attract up to thirty years in jail.
Understanding Vehicular Homicide in Florida
According to Florida Statute section 782.071, vehicular homicide occurs when someone is killed by the operation of a motor vehicle in a reckless manner that is likely to cause death or significant bodily harm. Unlike DUI manslaughter, a driver does not need to have been impaired to face charges. To secure a conviction for vehicular homicide, the prosecution must establish the following elements;
- The driver was operating a vehicle
- The driver’s actions went beyond simple negligence
- Their actions resulted in a fatal accident
Reckless driving can include behaviors such as speeding, ignoring traffic signs and signals, street racing, distracted driving, and weaving in and out of traffic aggressively.
Vehicular homicide falls under the same category of crimes as DUI manslaughter. It is punishable by the same penalties as DUI manslaughter: up to fifteen years in prison and fines of up to $10,000. However, if a driver does not stop at the accident scene to help or exchange information, the charge can be elevated to a first-degree felony, punishable by up to 30 years in prison.
Differences Between DUI Manslaughter and Vehicular Homicide
- Cause of Offense/Legal Focus
- DUI manslaughter requires the at-fault driver to be impaired
- Vehicular homicide is based on reckless or dangerous driving
- Proof Required
- DUI manslaughter requires proof of impairment
- Vehicular manslaughter requires proof that the driver’s actions went beyond simple negligence
- Intent Requirement
- DUI manslaughter doesn’t require intent to kill. Proving impairment and causation is enough.
- Vehicular homicide requires proof that the driver’s actions show a conscious disregard for safety or human life.
Contact Joshi Law Firm
If you or a loved one is facing DUI manslaughter or vehicular homicide charges, contact our experienced Orlando murder & manslaughter lawyer at Joshi Law Firm, PA for legal help.
