7.8 DRIVING UNDER THE INFLUENCE MANSLAUGHTER
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.
- Instruction
- 7.8
- Statute
- § 316.193(3)(c)3., Fla. Stat.
- Edition
- Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026
- Official source
- The Florida Bar: criminal jury instructions
Elements
Quoted word for word from the official text. Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026.
To prove the crime of Driving Under the Influence Manslaughter, the State must prove the following three elements beyond a reasonable doubt:
1. (Defendant) drove [or was in actual physical control of] a vehicle.
2. While driving [or in actual physical control of] the vehicle, (defendant)
Give 2a or 2b or both as applicable.
a. was under the influence of [alcoholic beverages] [a chemical substance] [a controlled substance] to the extent that [his] [her] normal faculties were impaired.
b. had a [blood] [breath]-alcohol level of .08 or more grams of alcohol per [100 milliliters of blood] [210 liters of breath].
3. As a result of operating the vehicle, (defendant) caused or contributed to the cause of the death of [(victim)] [an unborn child].
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
Give if § 316.193(3)(c)3.b., Fla. Stat., is charged.
If you find the defendant guilty of Driving Under the Influence Manslaughter, you must further determine whether the State proved beyond a reasonable doubt that:
(Defendant), at the time of the crash,
a. knew or should have known that the crash occurred
and
b. failed to either give information or render aid as required by law.
Give if applicable. § 316.193(4), Fla. Stat.
If you find the defendant guilty of Driving Under the Influence Manslaughter, you must also determine whether the State has proven beyond a reasonable doubt whether:
a. the defendant had a [blood] [breath]-alcohol level of .15 or higher while driving [or in actual physical control of] the vehicle.
b. the defendant was accompanied in the vehicle by a person under the age of 18 years at the time of the Driving Under the Influence.
Lesser-included offenses
As the instruction lists them, word for word.
DRIVING UNDER THE INFLUENCE MANSLAUGHTER — 316.193(3)(c)3.
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Driving under the Influence | 316.193(1) | 28.1 | |
| Driving under the influence causing serious bodily injury | 316.193(3)(a), (3)(b), and (3)(c)2. | 28.3 | |
| Driving under the influence causing damage to person or property | 316.193(3)(a), (3)(b), and (3)(c)1. | 28.1(a) |
Related practice page
DUI Defense in Miami · DUI Manslaughter and DUI With Serious Bodily Injury Defense in Miami · Murder and Homicide Defense in Miami
Official source: The Florida Bar: criminal jury instructions
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.