Fort Walton Beach DUI Lawyer Defends Florida Clients in Fatal DUI Cases
Your life can change forever after a DUI arrest involving a fatality in Florida. One moment, you're driving home from a sunny day at Pensacola Beach. The next, you're fighting to process the reality of your situation, including serious criminal charges that could result in years behind bars and the permanent loss of driving privileges. You worry about what will happen to your family, your job, and your future.
At Flaherty & Merrifield Criminal Defense, our Florida DUI lawyers provide strong legal representation to help protect your rights throughout this difficult time. Continue reading to learn about potential driver's license consequences and other penalties you may face.
Understanding Florida License Suspension for a Fatal DUI
Florida law requires an immediate administrative suspension of your driver's license following a DUI arrest. This suspension occurs before any criminal conviction.
For the 10 days following a Florida DUI ticket, you may only be allowed to drive to work or for business. After those 10 days, your license may be fully or partially suspended. Your attorney can request an administrative hearing to challenge the initial suspension. You must request this hearing within 10 days of your arrest.
The Florida Department of Highway Safety and Motor Vehicles (DHSMV) handles administrative suspensions, while criminal courts address license revocation as part of sentencing. Under Florida Statute 316.193, DUI manslaughter may result in a permanent license revocation with no possibility of reinstatement. If convicted, you can never legally drive in Florida again.
The severity of these consequences makes it crucial to contact a Florida DUI lawyer immediately after arrest. Early intervention may help preserve your driving privileges while your DUI manslaughter case proceeds through the court system.
Potential Impact on Commercial Driver’s Licenses
Florida follows federal regulations that impose stricter standards on commercial drivers, reflecting the added responsibility of operating large vehicles on public roads. If you hold a commercial driver’s license (CDL), you can face immediate disqualification of commercial driving privileges upon arrest, even if you were driving a personal vehicle at the time of the incident.
If you are convicted of DUI manslaughter, you will be permanently disqualified from holding a CDL. This means you can never work again as a commercial truck driver, bus operator, or any other position requiring a CDL. This permanent ban applies nationwide, not just in Florida, severely limiting your ability to work in the transportation industry.
Options for Maintaining Limited Driving Privileges
Some drivers may qualify for a hardship license during the administrative suspension period. This restricted license allows driving for essential purposes like work and medical appointments.
To obtain a hardship license, you must:
- Complete DUI school. Enroll in and finish state-approved education courses.
- Undergo evaluation. Complete substance abuse screening and follow treatment recommendations.
- Obtain additional insurance. Secure high-risk SR-22 auto insurance coverage.
- Pay fees. Submit all required administrative payments.
Your Florida criminal defense lawyer can help determine if you qualify for a hardship license and guide you through the necessary application process.
Reducing Charges Through Plea Agreements
The State Attorney's Office might offer to reduce DUI manslaughter charges to a lesser offense like a DUI with serious bodily injury. For instance, a plea to vehicular homicide could result in a license revocation of three to 15 years rather than the permanent revocation required for DUI manslaughter. However, any plea agreement involving a driving fatality will still likely include jail time, probation, and substantial fines.
Factors like your prior driving record, blood alcohol level at the time of arrest, and specific circumstances of the accident all influence whether accepting a plea deal serves your best interests. Your attorney can evaluate plea offers from the State Attorney's Office, explain the long-term implications of different charges, and help you make an informed choice about your case.
Additional Consequences and Penalties for Fatal DUI Charges
Beyond license suspension, a fatal DUI conviction carries severe penalties. As a level 8 offense and second-degree felony under the Florida Criminal Punishment Code, DUI manslaughter may be punishable by:
- A mandatory minimum of four years in prison with up to 15 years in state prison for a first offense
- Up to 15 years of probation
- A maximum fine of up to $10,000
- Community service requirements
- Vehicle impoundment for up to 90 days
- Installation of an ignition interlock device (if granted limited driving privileges)
You may also face civil lawsuits from the victim's family seeking monetary damages. This may include claims for property damage, lost wages, and funeral costs. Plaintiffs may also seek punitive damages in cases involving intentional misconduct or gross negligence.
Benefits of Working With a Fort Walton Beach DUI Lawyer
A qualified criminal defense attorney from Flaherty & Merrifield can:
- Apply for an interim hardship license so you can keep driving for essential reasons
- Review evidence, like examining blood alcohol tests and accident reports
- Challenge procedures, working to identify possible improper police conduct or testing errors
- Investigate the root causes of the fatal car accident and question your level of liability
- Negotiate charges and seek reduction to lesser offenses when appropriate
- Prepare you for legal hearings and criminal court proceedings
- Present a viable defense and build the strongest possible case for trial if necessary
Time is critical when facing fatal DUI charges. The sooner you contact our criminal defense law office, the more options we have to protect your rights and driving privileges.
