DUI Manslaughter and DUI With Serious Bodily Injury Defense in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

The Charges and the Penalties

Florida's DUI statute (s. 316.193) covers a person who is in violation of the DUI law (impaired, or at 0.08 or higher), who operates a vehicle, and who, by reason of that operation, causes or contributes to causing harm to another. The level of the charge depends on the harm:

The 4-year minimum mandatory. Florida law says a person convicted of DUI manslaughter "shall be sentenced to a mandatory minimum term of imprisonment of 4 years."

What "serious bodily injury" means. The law defines it as an injury to any person, including the driver, that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Whether an injury meets that definition is often a real question in these cases.

The October 1, 2025 change. The prior-conviction version of first-degree DUI manslaughter was added by chapter 2025-121, Laws of Florida, which took effect October 1, 2025. If the crash happened before that date, tell us: the date matters, and we will check which version of the law applies.

These are the maximums the statutes allow. They are not what every case gets.

Causation: "Causes or Contributes to Causing"

The statute does not punish being impaired at the time of a crash. It punishes a driver who, in the words of the statute, "by reason of such operation, causes or contributes to causing" the injury or death.

That is why causation is one of the first things we look at. Crashes happen for many reasons: another driver running a light, speeding, or turning across traffic; a pedestrian or cyclist entering the road; road design, lighting, weather, or a mechanical failure. The State has to connect the injury or death to the way our client operated the vehicle. Impairment alone is not the same as cause.

DUI Manslaughter vs. Vehicular Homicide

Vehicular homicide (s. 782.071) is a different crime. It is the killing of a human being, or of an unborn child by any injury to the mother, "caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another."

• DUI manslaughter is built on impairment (or a 0.08 or higher blood- or breath-alcohol level) plus causing or contributing to the death.
• Vehicular homicide is built on reckless driving that causes the death. Impairment is not an element.

Vehicular homicide is a second-degree felony. It is a first-degree felony if the driver knew or should have known of the accident and failed to give information and render aid, or, since October 1, 2025, if the driver has a prior conviction for DUI manslaughter, BUI manslaughter, vehicular homicide, or vessel homicide. The vehicular homicide statute itself does not set a mandatory minimum prison term.

Prosecutors sometimes file vehicular homicide instead of, or alongside, DUI manslaughter. Which charge fits the evidence, and which one the State can actually prove, is often central to the defense and to any negotiation.

Blood Draws After a Serious Crash

In an ordinary DUI case, the breath and urine testing rules are tied to a lawful arrest. A crash with death or serious bodily injury is different. Under s. 316.1933:

• If an officer has probable cause to believe a vehicle driven by, or in the actual physical control of, a person under the influence of alcohol, chemical substances, or controlled substances caused the death or serious bodily injury of a human being, the officer must require the driver to submit to a blood test.
• The officer may use reasonable force if necessary, and the test must be performed in a reasonable manner.
• The test does not have to follow an arrest.
• Only listed medical personnel (such as a physician, paramedic, nurse, or authorized hospital or lab staff), acting at an officer's request, may draw the blood.
• The analysis must be done substantially according to methods approved by the Florida Department of Law Enforcement, by a person holding a valid FDLE permit.
• Blood drawn by a hospital for medical treatment can also become evidence, and a health care provider may notify police of a result at or above 0.08. The law says that notice may be used only to give the officer reasonable cause to request a blood sample.

Every one of those steps is something we check: Was there real probable cause? Who drew the blood, and how? Was the sample stored, labeled, and tested correctly? Was it a legal blood draw, or a medical one, and what does that change? See Motions to Suppress.

Permanent License Revocation

The driver license consequences are severe and separate from any prison sentence:

• DUI manslaughter: the court must permanently revoke the driver license or driving privilege. If the court has not done so within 30 days after sentencing, the Department of Highway Safety and Motor Vehicles must. The statute says no driver license or driving privilege may be issued or granted to that person.
• A later petition, in limited cases: a separate statute (s. 322.271(4)) allows a person whose license was permanently revoked for DUI manslaughter, and who has no prior DUI-related convictions, to petition the Department for reinstatement after 5 years from the revocation, or 5 years after any incarceration ends, whichever is later. At a hearing the person must show, among other things, no drug-related arrest in the 5 years before the petition, no driving without a license for at least 5 years, being drug-free for at least 5 years, and completion of a licensed DUI program. Reinstatement is up to the Department. A reinstated license is restricted to employment purposes for at least 1 year, with DUI-program supervision.
• DUI with serious bodily injury and vehicular homicide: the court must revoke the license for at least 3 years. For DUI with serious bodily injury, the revocation is longer if the conviction is also a repeat DUI conviction.

There may also be an administrative suspension right after the arrest, on its own short deadline. See DUI License Suspension Hearings.

Sentencing Scoresheets, in General

Florida felony sentencing runs through the Criminal Punishment Code. Each felony is assigned a severity level, and a scoresheet adds points for the main charge, other charges, prior record, and victim injury, among other things. In death and serious-injury cases, victim-injury points can drive the score up sharply, and the court cannot sentence below the 4-year minimum for DUI manslaughter, whatever the scoresheet shows. How the case is charged, and what it is resolved as, can change the scoresheet dramatically. We work the numbers early.

How We Defend These Cases

• The crash itself. We look at accident reconstruction: the vehicles, the road, the lighting, sight lines, speed, and the movements of everyone involved. When needed, we work with independent reconstruction experts.
• The vehicle data. Many vehicles record crash data (often called the "black box" or event data recorder). Phones, traffic cameras, nearby businesses, and other vehicles may also have recorded the moments before the crash. This evidence can be lost if no one acts quickly.
• The scene. Skid marks, debris, and vehicle positions change or get cleared within hours. Photos, measurements, and police diagrams matter, and so do the gaps in them.
• Causation. Did our client's driving actually cause or contribute to the injury or death, or did something else?
• Blood and breath testing. How the sample was drawn, preserved, and analyzed; whether FDLE rules were followed; and what the number actually shows.
• Timing and retrograde extrapolation. Blood is often drawn well after a crash. When the State tries to estimate what the alcohol level was at the time of driving, that estimate rests on assumptions, and we examine every one of them.
• Medical evidence. Whether an injury legally qualifies as "serious bodily injury," and what the medical records actually say about cause of death.
• The stop, the statements, and the warrants. What police did at the scene and the hospital, and whether our client's rights were respected.

What the Family Should Do First

1. Call a lawyer right away, before anyone talks to the police, the insurance company, or the other side.
2. Bond. Florida law treats DUI manslaughter as a "dangerous crime." That means no release on nonmonetary conditions at first appearance once the judge finds probable cause, and the State may ask the judge to hold the person without bond. Prior DUIs and driving on a suspended license are factors the law lists. Having a lawyer ready for first appearance matters. See Bond and Nebbia Hearings.
3. If no arrest has happened yet, the arrest may come later, after blood results or the investigation. A planned surrender, with a lawyer, can be better than an arrest at home or work. See Self-Surrender.
4. No statements. Do not discuss the crash with police, investigators, insurance adjusters, or anyone else without a lawyer. Do not post anything online, and ask family and friends not to post either.
5. Preserve the evidence. Do not repair, sell, or release the vehicle. Keep receipts, phone records, photos, and the names of anyone who saw the crash or was with the driver earlier. Write down what you remember while it is fresh.
6. Ask about immigration. For a client who is not a U.S. citizen, a conviction can carry immigration consequences that must be weighed before any plea. See Immigration Consequences.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Is DUI manslaughter the same as vehicular homicide?

No. DUI manslaughter requires impairment (or a 0.08 or higher level) plus causing or contributing to a death. Vehicular homicide requires reckless driving that causes a death. They carry different penalties. The 4-year minimum mandatory is written into the DUI manslaughter statute; the vehicular homicide statute does not set one.

Can they take my blood without my consent?

After a crash with death or serious bodily injury, if the officer has probable cause that the driver was impaired, Florida law requires the driver to submit to a blood test and allows reasonable force. Whether the officer really had probable cause, and whether the draw and testing followed the rules, are questions we examine.

If I was over the limit, is the case over?

No. The State still has to prove that the driving caused or contributed to the injury or death, that the injury is "serious bodily injury" as the law defines it, and that the testing was done properly.

Will I lose my license forever?

A DUI manslaughter conviction requires permanent revocation. In limited cases (no prior DUI-related convictions, plus other requirements), a separate statute allows a petition for reinstatement after 5 years, and the Department decides. DUI with serious bodily injury and vehicular homicide carry at least a 3-year revocation. That is one reason the charge, and how the case is resolved, matter so much.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.

Related pages: DUI Defense DUI License Suspension Hearings Boating Under the Influence (BUI) Motions to Suppress Bond and Nebbia Hearings Self-Surrender Immigration Consequences