oRLANDO DUI Manslaughter dEFENSE aTTORNEY

DUI Manslaughter is one of the most serious DUI related criminal charges a person can face in the State of Florida. A conviction could mean a lengthy prison sentence, a permanent driver’s license revocation, and a mandatory felony conviction. When facing a DUI Manslaughter charge, the stakes are incredibly high; and anyone facing this type of charge needs immediate representation from an experienced DUI defense attorney.

DUI Manslaughter penalties

DUI Manslaughter can be charged as either a 2nd degree felony punishable by up to 15 years in prison, or as a 1st degree felony punishable by up to 30 years in prison if the accused left the scene of the crash. In either case, there is a minimum mandatory 4-year prison sentence, and since DUI Manslaughter is charged as a level 8 or level 9 offense, a person charged with DUI Manslaughter will likely face at least 10 years in prison.

DUI Manslaughter under FLorida Law

To convict someone of DUI Manslaughter, the State must prove:

1. That the accused was driving or in actual physical control of a motor vehicle;
2. That at the time, they were under the influence of alcohol, a controlled substance, or a chemical substance to the extent that your normal faculties were impaired; and
3. That their driving caused or contributed to the death of another human being or unborn child.

While prosecutors often pursue these cases aggressively, proving causation in a fatal crash is not always straightforward. Complex legal, medical, toxicological, and other scientific issues often determine whether the State can actually meet its burden of proof in these cases.

Defenses to DUI Manslaughter IN fLORIDA

Defending a DUI Manslaughter charge requires a detail oriented, strategic approach to contesting every element of the State’s case. Everything from the DUI investigation to chemical testing procedures, accident reconstruction findings, theories of causation, witness credibility, and the legality of evidence obtained using warrants and subpoenas must be scrutinized and its admissibility challenged. An experienced DUI defense attorney is critical to protecting the rights of the accused and may be the difference between a lengthy prison sentence and a dismissed or reduced charge.

The DUI Investigation

When officers ask you to exit your vehicle for a DUI investigation, they must have “reasonable suspicion” that you are driving under the influence. Typically, officers will say that they smelled alcohol and that you had bloodshot eyes and the smell of alcohol on your breath. DUI defense lawyer Ben Baxter will analyze every report and every minute of video footage to scrutinize the officers’ claims to develop arguments that officers complied with Florida law when they conducted their investigation and whether or not they exaggerated, manufactured, or embellished details of their report which are not supported by the video evidence.

The Arrest

Florida law enforcement officers must have “probable cause” to arrest you for DUI Manslaughter. Officers are trained using the National Highway Traffic Safety Administration (NHTSA) manual. This describes how officers must conduct field sobriety exercises, and what they must observe to justify an arrest decision. DUI defense lawyer Ben Baxter uses this manual against them to argue that the signs of impairment that the officers observed were in fact, the result of their own failure to properly administer the exercises.

Trial

When you are facing DUI Manslaughter charges, the stakes are high. You need an advocate who has the experience, skill, and willingness to take the case all the way. DUI Defense lawyer Ben Baxter has taken 40 criminal cases to verdict at trial, winning 36 of them. He is not afraid to take your case to trial, and he knows which arguments are most persuasive when your fate is in the hands of a Jury. Ben’s training as a prosecutor and over 10 years of experience litigating criminal cases are why he’s the right attorney to take your case all the way. He will use the State’s own tools against them during trial to convince the Jury that the only proper verdict is one of “Not Guilty.”

A Former Prosecutor On Your Side

Former prosecutor and DUI defense attorney Ben Baxter understands these procedures from both sides of the courtroom. During his career as a prosecutor, Ben helped train law enforcement officers how to properly conduct DUI investigations, giving him firsthand insight into how breath test evidence is supposed to be obtained and where officers often make the most critical mistakes. Now he uses that knowledge to aggressively challenge DUI Manslaughter prosecutions. Ben also has advanced training in reviewing breathalyzer maintenance and calibration records, allowing him to carefully evaluate whether the breath testing instrument was functioning properly or whether machine defects, maintenance failures, or operator mistakes have compromised the machine or the results.

Central Florida Justice can Help

Central Florida Justice founder, Ben Baxter, is a former prosecutor and criminal defense attorney with over a decade of experience in criminal law. He understands how the State builds and prosecutes DUI Manslaughter cases. Now, he uses the insight gained from that prosecutorial experience to fight for the best possible results for his clients.

Ben also understands that the attorney-client relationship must be built on a foundation of trust and empathy. Every Central Florida Justice client has the ability to contact their attorney directly by phone, text, or email. And every client has access to the Central Florida Justice client portal, which provides instant access to evidence in their case, notes from the attorney, court dates, and more.

In a case where your very freedom may depend on exposing the weaknesses in the State’s case, hiring the right legal representation is a crucial decision. If you or someone you know has been charged with DUI Manslaughter in Orlando or the Central Florida area, including Osceola, Lake, Polk, Seminole, or Brevard Counties, contact Central Florida Justice today for a free consultation or call/text (407) 561-1776 to speak directly with attorney Ben Baxter.