Facing a Crash Charge? Understand What Jail Time May Involve

The Short Answer: Florida’s Statutory Maximum for These Crashes

How long do you go to jail for vehicular manslaughter in Florida? The statutory maximum for the main crash charges is generally up to 15 years in state prison.

A statutory maximum is the ceiling the law sets. It is not a forecast of the sentence a judge will impose. The actual sentence turns on the facts of the case and the applicable law, and the sections below explain what shapes it.

Prison terms for a felony come from Fla. Stat. § 775.082. Fines for a second-degree felony are capped at $10,000 under Fla. Stat. § 775.083, unless another statute authorizes a higher amount.

Patrick David Wilson’s practice focuses on criminal defense in South Florida, including vehicular homicide and DUI cases. Patrick Wilson Law is based in Miami.

Why “Vehicular Manslaughter” Is Not a Florida Charge Name

Florida’s statutes do not use the phrase “vehicular manslaughter.” Two crash-related statutes use different names and different triggers, so the difference matters.

Vehicular homicide is defined in Fla. Stat. § 782.071. The statute describes a killing caused by operating a motor vehicle in a reckless manner likely to cause death or great bodily harm.

DUI manslaughter is a DUI-based charge tied to Fla. Stat. § 316.193, Florida’s DUI statute. Fla. Stat. § 316.193 describes impaired driving in two ways: when a person’s normal faculties are impaired, and when a person’s blood- or breath-alcohol level meets the statutory threshold. Whether either applies depends on the facts of the case and applicable law.

This page does not address general manslaughter, which is a separate offense. Fla. Stat. § 782.07 covers a killing caused by “the act, procurement, or culpable negligence of another.” It is a second-degree felony, but it is not a crash statute with the triggers described above.

Each charge has its own elements. The vehicular homicide defense page on this site covers those elements in more detail.

Penalties for Vehicular Homicide Under Florida Law

Vehicular homicide is generally a second-degree felony under Fla. Stat. § 782.071. The statute says the offense is punishable as the general penalty and fine sections provide. For a second-degree felony, the statutory maximum prison term is up to 15 years.

The charge can be a first-degree felony in two situations. The first is when the driver knew or should have known the accident occurred and failed to give information and render aid as the law requires. A second basis may apply when the driver has a prior conviction under listed statutes, including the vehicular homicide and DUI manslaughter statutes, and whether it applies depends on the facts and applicable law.

A higher degree carries a higher possible penalty. That is why the grade of the charge matters when reviewing a case.

The court may also order additional punishment. In addition to any other punishment, the court may order 120 community service hours at a trauma center or hospital that regularly receives vehicle accident victims. The service must be supervised under a voluntary program run by that facility.

Whether any of these enhancements or add-ons apply turns on the facts of the crash and the applicable law.

Penalties for DUI Manslaughter in Florida

The statute also sets a first-degree version. If the driver knew or should have known of the crash and failed to give required information and aid, the charge can be a first-degree felony with a maximum of up to 30 years.

A mandatory minimum of 4 years may apply in certain DUI manslaughter cases, depending on the facts of the case and applicable law.

Testing rules matter in these cases too. Under Fla. Stat. § 316.1933, if a law enforcement officer has probable cause to believe that a vehicle driven by, or in the actual physical control of, a person under the influence of alcoholic beverages, chemical substances or controlled substances has caused the death or serious bodily injury of a human being, the officer shall require that person to submit to a blood test. Whether the statute applies in a particular case depends on the facts and applicable law. Under Fla. Stat. § 316.1933, a law enforcement officer may use reasonable force, depending on the facts and applicable law, to have the person submit to the blood test, and the statute states that the test shall be performed in a reasonable manner.

The two crash statutes have different triggers. Each charge grade comes from its own statute, so the two should be reviewed separately.

What Affects the Sentence Actually Imposed

A judge’s sentence falls within a range, not just under the statutory maximum. Florida’s Criminal Punishment Code 2019 applies to felony sentencing, so the factors below apply to felony cases such as these.

The permissible range depends on the facts of the case and applicable law, up to the statutory maximum.

A digitized scoresheet sets that range. The state attorney prepares it, and defense counsel may review it for accuracy, and the procedure that applies depends on the facts of the case and applicable law. The sentencing judge may be required to approve and sign it, depending on the applicable rule.

Scoresheet points come from the offense and the record. The offense severity ranking chart ranks the crime. Certain prior serious felonies can add points, which can raise the range.

The court can still choose prison within its discretion. The crash facts and the defendant’s record may also bear on the result.

Jail, Prison, and What “How Long” Actually Means

County jail and state prison are different. Under the general rule, a sentence to state prison must be more than one year, subject to statutory exceptions that depend on the facts and applicable law. State prison is run by the Florida Department of Corrections.

Felony cases may involve supervision instead of, or alongside, incarceration. A court can place a defendant on probation or community control. Under the applicable statute, the department supervises felony probationers, depending on the facts of the case and applicable law. Whether either option is available turns on the case and the law.

Time served can differ from the number on the sentence. Under Fla. R. Crim. P. 3.801, a court may correct a final sentence that fails to give credit for county jail time before sentencing. Under Fla. R. Crim. P. 3.801(b), no motion shall be filed or considered if it is filed more than 1 year after the sentence becomes final.

Other Consequences That May Follow a Conviction

Beyond prison and fines, a conviction may bring restitution, civil claims, and DUI-related requirements. Each one turns on the case facts and the applicable law.

Under Fla. Stat. § 775.089, restitution for damage or loss caused directly or indirectly by the offense is generally required unless the court finds clear and compelling reasons not to order such restitution, and how that applies depends on the facts of the case and applicable law. The statute also lists funeral costs when an offense causes bodily injury that results in death. The state attorney bears the burden of showing the amount of the loss.

Civil exposure is separate from the criminal case. Fla. Stat. § 782.071 says a right of action for civil damages exists under § 768.19 for the deaths it describes. Whether a DUI conviction affects a civil suit against the person convicted depends on the facts of the case and applicable law.

For DUI convictions, the statute says the court shall place the offender on monthly reporting probation and require a substance abuse course.

Talking With a Criminal Defense Lawyer About Your Situation

A criminal defense lawyer can review the crash facts, the charge, the evidence, and the penalty range with you. If you’re reading this after a crash, you may be looking into it for a family member, a friend, or yourself. That is a hard place to be, and the decisions ahead can feel urgent.

Patrick David Wilson reviews those pieces and pursues the options that the facts and the law may support. No lawyer can promise how a case will end, and each case turns on its own details.

Frequently Asked Questions