DUI Manslaughter vs DUI Murder in Florida: What’s the Difference?

Driving under the influence is a huge problem in Florida and in the country, in general. DUI leads to countless road accidents every year. In the worst of those crashes, fatalities occur. If a person is intoxicated and gets into an accident that results in the death of another person, it can result in manslaughter or murder charges. It’s important to know the difference between these two charges.

DUI Manslaughter

DUI manslaughter in Florida occurs when a person is arrested and charged with a DUI and there are fatalities involved. It’s much more common to receive manslaughter, rather than murder, charges. This is because, while the individual was intoxicated during the accident and caused the death of another person or an unborn baby, they did not intend for the death to occur.

A conviction for DUI manslaughter is classified as a second-degree felony, which can result in a prison term of up to 15 years. In addition, if the individual doesn’t provide aid or information, the charge can be elevated to a felony in the first degree, which can see them receiving a prison term of up to 30 years if convicted.

Ordinary Negligence vs Gross Negligence

There are two categories of DUI manslaughter as well. These are DUI manslaughter with ordinary negligence and DUI manslaughter with gross negligence. The criteria for these charges include the following:

Ordinary Negligence

In the case of ordinary negligence, the individual violated a traffic law but did not behave in a manner that’s considered extremely negligent. For example, they might have briefly glanced at their cell phone while intoxicated behind the wheel, causing the accident and subsequent death.

Gross Negligence

In the case of gross negligence, the individual must have acted with extreme recklessness or negligence and caused the death. For example, if someone deliberately speeds while there are pedestrians crossing the road, they can receive this charge.

DUI Murder

DUI murder is the gravest type of crime involving a DUI-related offense. It is usually charged when the person knew about the risks associated with driving under the influence but deliberately chose to disregard them. Usually, DUI murder is a charge given when there is an intent, which makes it more difficult for the prosecutor to prove.

Generally, the prosecution would have to prove certain elements were in place during the time of the offense that resulted in the victim’s death. They include the following:

• The DUI was an intentional act that resulted in the death
• The individual knew that the act had consequences dangerous to human life
• The individual deliberately acted with a conscious disregard for human life

In regard to the third element, it isn’t required for the offender to have had the intent to kill another person. Many of these murder charges involve tags such as depraved indifference, which can carry hefty penalties and long-term prison sentences.

DUI murder is also commonly linked with vehicular homicide. Vehicular homicide is a crime in which a person is extremely reckless while behind the wheel and ends up responsible for the death of another person.

DUI murder carries the same penalties as vehicular homicide in Florida. The most serious level of the crime is classified as a felony in the first degree and carries up to 30 years of prison, 30 years of probation and a maximum fine of $10,000.

For a second-degree felony DUI murder conviction, the individual can receive a maximum fine of $10,000, up to 15 years in prison and up to 15 years of probation.

If you have lost a loved one to a DUI accident, you need to take immediate action. While you can never get your loved one back, you can recover damages by filing a wrongful death lawsuit. An experienced attorney can help you to prepare your case.