Diligent Florida DUI Homicide Lawyer
Drunk driving charges often carry harsh legal consequences even when there are no other aggravating factors. But, when another person is fatally injured during the incident, substantial legal consequences are almost guaranteed. Proving that an accused driver was innocent is feasible, though, with the direct support of a seasoned criminal defense lawyer.
Attorney Keeley Karatinos has more than a decade’s worth of experience when it comes to defending Pasco County and Hernando County residents when their rights are jeopardized by fatal DUI charges. Attorney Karatinos approaches each case with a holistic mindset and a belief that her clients are innocent until the judge makes their final ruling.
What is DUI Homicide in Florida?
In Florida, the terms DUI homicide and vehicular manslaughter are often confused and intertwined. However, vehicular manslaughter is defined as taking the life of another motorist by driving negligently or violating traffic laws. DUI homicide is the act of fatally injuring another person or motorist while operating a motor vehicle under the influence of alcohol.
The elements of a DUI homicide case that must be proven in court include, showing the accused driver was operating or in physical control of a motor vehicle, determining whether their normal faculties were impaired due to alcohol or another substance, evaluating if the alcohol content in their blood or breath is over the legal limit of 0.08% and ascertaining that the accused individual directly or indirectly took the life of the victim while these circumstances existed.
What are the Legal Defenses Against DUI Homicide Charges?
Cases built by the prosecution are designed to secure conviction. But, sometimes, Florida residents facing legal charges could be wrongfully convicted of the crimes they are accused of committing. With this in mind, it is imperative to have hope during the legal process and to begin constructing a strong defense with the help of a local attorney.
Our team at Karatinos Law, PLLC, realizes that attacking the credibility of the evidence and how it was gathered is crucial to proving the innocence of our clients and fighting for reduced charges. To start, we will begin evaluating the traffic stop and its legality. If we are able to uncover any shortcomings or legal errors during the stop, it may be possible to have any evidence obtained during that time thrown out in court.
Scrutinizing the administration of any field sobriety tests is another common legal defense strategy. We will review the officer’s bodycam footage to assess whether the tests were conducted correctly. Additionally, we will identify if the accused person has any disabilities unknown to the officer that might impact their performance on these tests. Finally, we will evaluate if the law enforcement official was adequately trained to administer these tests to determine the accuracy and reliability of the results.
Next, our team will assess whether the police officer had probable cause to conduct any tests or make the arrest. Our staff can evaluate the evidence to understand the officer’s thinking and how they came to their conclusion that the motorist was intoxicated. These actions can help us prove the arrest was illegal and that the evidence was obtained unlawfully.
Lastly, we will analyze the results and administration of the breathalyzer test. Breathalyzers need regular maintenance to ensure their readings are accurate. Additionally, officers need adequate training to conduct these tests accurately. If the Breathalyzer was not calibrated correctly or the officers were improperly trained, fighting against the test results may be possible in court.
What Penalties Do I Face for DUI Manslaughter in Florida?
Taking the life of another person is a tragic criminal offense that can carry catastrophic legal consequences. However, the probable penalties can immediately be exacerbated when the accused offender is under the influence of alcohol. After an arrest, accused Floridians can expect to be charged with a second-degree felony. Motorists who are convicted of DUI manslaughter will likely be fined a maximum of $10,000 and could spend a period of 15 years in prison. Additionally, they could be:
- Placed on probation for 15 years
- Forced to work a certain amount of community service hours
- Required to impound their car
- Compelled to take an alcohol abuse course
- Obligated to be psychosocially evaluated
- Ordered to complete substance abuse treatment
If the alleged offender, also flees the scene of the collision, their charges will be upgraded to a first-degree felony, which can lead to a $10,000 fine and a 30-year prison sentence. Convicted DUI manslaughter offenders will also have their licenses suspended and may be unable to remove their past convictions from their criminal record.
Unfortunately, for convicted DUI manslaughter offenders, the legal penalties do not fully encompass the total impact fatal DUI charges can have on a person. After a person has completed their prison sentence, a judge has the ability to place them on probation to help them reintegrate to normal life. Additionally, individuals may be obligated to meet certain community service requirements and complete an in-patient or out-patient program for alcohol treatment. Not adhering to the probation or treatment program regulations could cause previously convicted individuals to be sent back to prison.
Defending Florida Residents Accused of DUI Homicide
Do not hesitate to begin searching for legal guidance, after a DUI manslaughter or DUI homicide arrest. Any delay in the legal process could worsen matters and make it more challenging to combat the allegations successfully. For additional information and to obtain support from our talented staff, call 352-405-0537 today or email our office by completing our online form.