DUI manslaughter
Florida Statute § 316.193(3)(c)3
Summary verified against the 2026 Florida Statutes: October 1, 2026.
Quick Summary
DUI manslaughter requires DUI, vehicle operation, and a human being's or unborn child's death caused or contributed to by that operation. The ordinary track is a second-degree felony. The first-degree track applies when the driver knew or should have known a crash occurred and failed the information/aid duties, or has a specified prior DUI/boating manslaughter, vehicular-homicide, or vessel-homicide conviction. Document the DUI basis, causation, death, and enhancement facts separately; knowledge of death is not the stated crash-awareness requirement.
Summary sources
Classification, Points & Penalties
Classification, Points & Penalties
- Category
- DUI
- Type
- Criminal Traffic
- Civil / Criminal
- Criminal
- Offense Classification
- Felony
- Degree
- 2nd Degree; 1st Degree if statutory failure-to-aid conditions apply
- Points
- 0
- Fine / Penalty
- Court determined; statutory mandatory minimums/surcharges may apply
Base fines are not the total payable amount. Costs, enforcement method, crash consequences, prior history, and court disposition can change penalties or points. A reported zero does not rule out license suspension or revocation.
Court & Enforcement
Court & Enforcement
- Mandatory Court
- Yes
- NTA Eligible
- No — felony
- Custodial Arrest
- Yes, when lawful arrest authority exists
NTA means notice to appear. Eligibility is conditional; these fields do not independently authorize arrest. Confirm the exact statutory track, lawful arrest authority, traffic procedure, and agency policy.
Arrest authority guideCivil infractions resulting in death or serious bodily injury require a hearing under §318.19.
Offense Guidance
Offense Guidance
Establish driving or actual physical control of a vehicle in Florida plus either impairment of normal faculties by alcohol, specified chemical substances, or controlled substances, or a blood/breath alcohol level of at least 0.08 in the statutory units. Record control of the vehicle, observations, and properly obtained test evidence. A 0.15 level, a passenger under 18, qualifying prior convictions, or resulting damage/injury can change the penalty or offense level. Alcohol consumption alone does not establish impairment; impairment is not required for the alternative 0.08 theory.
Review required facts and applicable instructions →