DUI manslaughter in Florida is a second-degree felony under section 316.193(3), and a conviction carries a mandatory minimum prison sentence of four years. The maximum is 15 years, or 30 years if it’s charged as a first-degree felony for failing to give information and render aid after the crash, or because of a qualifying prior conviction (section 775.082).
What Counts as DUI Manslaughter in Florida
The charge starts with a DUI. Under section 316.193(1), that means driving or being in actual physical control of a vehicle while impaired, or with a blood or breath alcohol level of 0.08 or higher.
It becomes DUI manslaughter when the driver’s operation of the vehicle “causes or contributes to causing” a death. The driver doesn’t have to be the only cause. The statute covers the death of a human being or an unborn child.
No prior DUI conviction is required for the default charge. A first-time DUI that results in a death can be charged as DUI manslaughter.
What Is the Minimum Sentence for DUI Manslaughter in Florida
Four years in prison. Section 316.193(3) says a person convicted of DUI manslaughter “shall be sentenced to a mandatory minimum term of imprisonment of 4 years.”
Being a first-time defendant doesn’t remove that minimum. It also still applies when the offense is charged as a first-degree felony. The statutes set a floor and a ceiling for the sentence, and the next section covers the ceiling.
How Much Prison Time Can a Conviction Bring
A second-degree felony carries a maximum prison term “not exceeding 15 years” under section 775.082(3)(d). A first-degree felony carries up to 30 years under section 775.082(3)(b)1.. The general fine ceiling for either is $10,000 under section 775.083(1)(b), subject to statutory exceptions. For how ordinary DUI penalties compare, see our DUI penalties guide.
| Charge level | When it applies | Mandatory minimum | Maximum prison | Source |
|---|---|---|---|---|
| Second-degree felony | The default DUI manslaughter charge | 4 years | 15 years | s. 316.193(3); s. 775.082(3)(d) |
| First-degree felony | The driver knew or should have known a crash occurred and failed to give information and render aid (s. 316.062) | 4 years | 30 years | s. 316.193(3)(c)3.; s. 775.082(3)(b)1. |
| First-degree felony | A qualifying prior conviction for DUI manslaughter, BUI manslaughter, vehicular homicide or vessel homicide | 4 years | 30 years | s. 316.193(3); s. 775.082(3)(b)1. |
The prior-conviction enhancement comes from Trenton’s Law, chapter 2025-121, which took effect October 1, 2025.
What the Judge Cannot Do
Two limits in section 316.656 matter here.
- A court may not suspend, defer or withhold adjudication or sentence for a DUI violation (section 316.656(1)).
- A judge may not accept a plea to a lesser offense from a person charged under section 316.193(3), with manslaughter resulting from the operation of a motor vehicle, or with vehicular homicide (section 316.656(2)(b)).
Other Consequences Beyond Prison
Your License
A DUI manslaughter conviction requires permanent revocation of the driver license under section 322.28(2)(d). Under section 322.271, a person with no prior DUI-related convictions may petition for reinstatement after five years from the revocation date or the end of incarceration, whichever is later. Reinstatement isn’t automatic.
Money and Civil Exposure
A court generally must order restitution for loss caused by the offense unless it finds clear and compelling reasons not to (section 775.089). A DUI conviction also doesn’t bar a civil damages suit against the person convicted (section 316.193).
No Deadline to Charge
A felony that resulted in death may be prosecuted at any time under section 775.15(1).
DUI Manslaughter vs. Vehicular Homicide
Vehicular homicide under section 782.071 is a death caused by operating a motor vehicle in a reckless manner likely to cause death or great bodily harm. The statutory element is recklessness. DUI isn’t required.
Both are generally second-degree felonies. Both become first-degree felonies if the driver knew or should have known a crash occurred and failed to give information and render aid, or has a qualifying prior conviction.
The difference on the minimum is clear. DUI manslaughter has a four-year mandatory prison floor under section 316.193(3). Section 782.071 states no offense-specific minimum for vehicular homicide, and the default second-degree maximum is 15 years under section 775.082(3)(d).
Which is “worse”? No statute ranks them in every case. The charge, the degree, any prior convictions and the crash conduct all affect the comparison. As for “vehicular manslaughter,” Florida’s statutes use the labels “DUI manslaughter” and “vehicular homicide,” and section 316.656 also refers to “manslaughter resulting from the operation of a motor vehicle.” What matters is the statute the State actually charges.
General manslaughter under section 782.07 is also a second-degree felony, with a 15-year maximum under section 775.082(3)(d) and no separate minimum stated.
What a DUI Manslaughter Case Looks Like in Broward County
- Booking. BSO books arrestees at its Central Intake Bureau in Fort Lauderdale. BSO’s attorney information page explains how an attorney can locate a client in its jails.
- First appearance. It’s held in Room 4155 of the Broward County Courthouse-West Tower, 201 S.E. Sixth Street, with video links to detention facilities. Dockets run at 8:30 a.m. and 1:00 p.m. on weekdays and 8:30 a.m. on weekends and court holidays. Someone processed by 4:00 a.m. goes on the 8:30 a.m. docket, and someone processed by 9:00 a.m. goes on the afternoon docket (Administrative Order 2026-28-Crim, Amendment 1).
- Felony court. A felony DUI manslaughter case is handled in the 17th Judicial Circuit’s Circuit Criminal Division. The Clerk’s Felony Division is in the North Building of the main courthouse.
- Charges. The State Attorney’s Office, led by Harold F. Pryor, files criminal charges. The Clerk doesn’t.
- Case records. The Clerk’s public case search is at browardclerk.org/Web2.
- License review. FLHSMV’s Bureau of Administrative Reviews office for Broward is in Lauderdale Lakes. A formal review request can be emailed without visiting (FLHSMV Broward page).
What happens in the first hours after an arrest is covered in our arrested for DUI guide.
The 10-Day License Deadline
The license suspension is a separate FLHSMV process from the criminal case. Under section 322.2615, you can request a review “within 10 days after the date of issuance of the notice of suspension.” If you’re otherwise eligible, you get a 10-day temporary permit that expires at midnight on the tenth day after the notice issues. FLHSMV must schedule a requested formal review within 30 days after receiving the request. The full rules are in our 10-day rule guide.
What a Defense Lawyer Examines
A lawyer looks at whether the State can prove each element of section 316.193(3). That includes impairment or the 0.08 level, and that the driver’s operation of the vehicle caused or contributed to the death. A lawyer also checks whether the charge level, default or first-degree, matches what the facts show. FLHSMV’s administrative ruling isn’t considered in the criminal DUI trial under section 316.193(10), subject to the statute’s discovery qualification.
Frequently Asked Questions
What does DUI mean?
Driving under the influence. In Florida it means driving or being in actual physical control of a vehicle while impaired, or with a blood or breath alcohol level of 0.08 or higher (section 316.193).
Is a first-time DUI a felony in Florida?
An ordinary first DUI is a misdemeanor. The current statute doesn’t make every DUI a felony, in 2026 or otherwise. It names the felony triggers, which include a third DUI within 10 years of a prior conviction, a fourth or later DUI regardless of timing, serious bodily injury, and death (section 316.193).
Do first-time DUI offenders go to jail in Florida?
For an ordinary first conviction, section 316.193 provides a fine of $500 to $1,000 and imprisonment of not more than 6 months, with no mandatory jail minimum. With a 0.15 or higher level, or a person under 18 in the vehicle, the limit is up to nine months and a fine of $1,000 to $2,000.
Do you go straight to jail after DUI?
Florida law bars release until you’re no longer impaired, your alcohol level is below 0.05, or eight hours have passed from arrest (section 316.193). Under Rule 3.130(a), every arrested person not already lawfully released must be taken before a judge, in person or by video, within 24 hours of arrest.
What is the average sentence for manslaughter in Florida?
Section 782.07 classifies manslaughter as a second-degree felony and doesn’t supply an average sentence. The maximum is 15 years under section 775.082(3)(d). “Involuntary manslaughter” isn’t a separate offense title in section 782.07, though that section includes culpable-negligence manslaughter.
Will a misdemeanor DUI ruin my life?
The statute sets fines, jail exposure and license consequences. It doesn’t say what happens to any one person’s life.
What is the 10-day rule in Florida?
It’s the deadline to request a review of your administrative license suspension, counted from the date the notice of suspension is issued (section 322.2615). The 10-day license deadline section above has the details.
Talking to a Lawyer About Your Case
Adam D. Harmelin defends DUI and criminal cases in Broward County from his office in downtown Fort Lauderdale. Our DUI defense overview explains how he approaches these cases. If you or someone you love is facing a charge, you can call (954) 294-9372.
This article is general information about Florida law, not legal advice about your case.