DUI Manslaughter

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Before a person can be convicted of DUI manslaughter, the prosecution must prove the following three things beyond a reasonable doubt:

  1. The accused individual drove a vehicle or was in actual physical control of a vehicle; and
  2. While driving a vehicle or while in actual physical control of a vehicle, the accused
    a. was under the influence of alcoholic beverages or under the influence of a chemical substance or under the influence of a controlled substance to the extent that his normal faculties were impaired; or
    b. the accused had a blood alcohol level or breath alcohol level of 0.08 or higher; and
  3. As a result, the accused caused or contributed to the cause of the victim’s death.

“Actual physical control of a vehicle” means the accused individual must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether he is actually operating the vehicle at the time.

“Normal faculties” include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives.

See also manslaughter and voluntary manslaughter.

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My family called Ron Chapman after I was arrested on a charge for which I could have spent the rest of my life in prison. Mr. Chapman first helped me to bond out of jail. He was then able to get my original charge reduced to a lesser charge. Mr. Chapman kept working and was finally able to get my charge dismissed completely. Mr. Chapman and his assistant Elizabeth helped me and my family get through a very difficult time. Thank you very much for all your help.
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Recent Blogs/News

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WEST PALM BEACH, Florida — Criminal defense attorney Ronald S. Chapman underscores the impact of the Florida Supreme Court’s recent decision to amend Florida Rule of Criminal Procedure 3.191, as laid out in In Re: Amendments to Rule 3.191 (SC2022‑1123). These changes, which also affect Rule 3.134, took effect on July 1, 2025. New clock […]

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WEST PALM BEACH, Florida — Experienced criminal defense attorney Ronald S. Chapman urges heightened awareness of sweeping new Florida laws impacting animal cruelty cases. Effective October 1, 2025, Senate Bill 150 (Trooper’s Law) imposes mandatory third-degree felony charges for abandoning restrained animals during declared natural disasters, punishable by up to 5 years in prison and […]

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WEST PALM BEACH, Florida — Criminal Defense Attorney Ron Chapman alerts Floridians to a significant change in state law that will take effect on October 1, 2025. Under Florida Senate Bill 1168 (SB 1168), the unlawful use of tracking devices in connection with violent or sexual crimes will be upgraded from a third-degree felony to […]

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Since 1990, Mr. Chapman has been representing people who have been accused of committing various types of crimes such as DUI, domestic violence, possession of a firearm, drug possession, expungement, traffic crimes, murder, manslaughter, crimes against children, sex crimes, crimes against the elderly, appeals, and violations of probation.
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The information you obtain at this site is not, nor is it intended to be, legal advice.You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.