Proximate Cause for DUI Manslaughter vs. Vehicular Homicide in Florida

August 1, 2025 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI Social Share

In Florida, DUI manslaughter and vehicular homicide are similar yet distinct offenses. Vehicular homicide (Fla. Stat. 782.071) involves the death of a victim caused by the defendant’s reckless operation of a motor vehicle. DUI manslaughter (Fla. Stat. 316.193(3)(c)(3)) occurs when the death of a victim is caused or contributed to by a driver operating a motor vehicle while under the influence.

For someone to be proven guilty of vehicular homicide or DUI manslaughter, mere involvement in an accident is insufficient to establish guilt. However, it is important to note that DUI manslaughter merely requires someone to “contribute to” the death of the victim while driving under the influence – while vehicular homicide requires actual causation.

How does this seemingly small difference function if someone is charged with one of these offenses? This article will discuss the elements of vehicular homicide and DUI manslaughter, as well as how responsible someone must be for the death of a victim to be convicted of either of these crimes in Florida.

DUI Manslaughter in Florida

For someone to be proven guilty of DUI manslaughter in Florida, the following must be proven beyond a reasonable doubt:

• The defendant was driving or in actual physical control of the vehicle 
• The defendant was under the influence of alcohol or another controlled or chemical substance, resulting in the impairment of their normal faculties – or had a breath/blood/urine alcohol content of 0.08 or above
• The defendant caused or contributed to the death of a victim or an unborn child (at any stage of development in the womb under Fla. Stat. Section 775.0213)(e)) 

DUI manslaughter is a second-degree felony in Florida, punishable by up to 15 years in prison and a $10,000 fine. A conviction also carries a mandatory minimum sentence of 4 years and a permanent license suspension (with potential hardship reinstatement after 5 years).

DUI manslaughter becomes a first-degree felony punishable by up to 30 years in prison and a $10,000 fine if either of the following are true:

• The defendant fails to stop, give information to authorities or render aid as required by Florida law after they knew or should’ve known an accident occurred (Fla. Stat. 316.062)
• The defendant had a prior conviction for DUI manslaughter, vehicular homicide, or vessel homicide or BUI manslaughter (under Trenton’s Law as of October 2025)

Note: Under Florida law, a vehicle is defined as “every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks.” This covers any of the following, except for trains and trams:

• Cars, trucks, SUVs
• Motorcycles
• Commercial vehicles and RVs
• Mopeds and motor scooters
• Golf carts or bicycles when operated on a highway (Meister v. Fisher, 462 So. 2d 1071 (Fla. 1984))

Vehicular Homicide in Florida

Vehicular homicide is similar but distinct from DUI manslaughter. The two key differences between these offenses is that DUI manslaughter requires someone to be under the influence – whereas vehicular homicide charges result from reckless operation of the vehicle independent of whether they are under the influence. Moreover, DUI manslaughter does not require proof of reckless operation.

For someone to be proven guilty of vehicular homicide, the following must be proven beyond a reasonable doubt:

• The defendant operated a motor vehicle
• The defendant did so recklessly (in a manner likely to cause death or great bodily harm, and which shows willful or wanton disregard for the safety of others, per Velazquez v. State, 561 So. 2d 347 (Fla. 3d DCA 1990))
• The reckless operation was the proximate cause (cause in-fact) of the death of the victim or an unborn child

Vehicular homicide carries many of the same penalties as DUI manslaughter (second-degree felony with potential enhancement to a first-degree felony if failing to stop/with a prior conviction). However, there are a couple of notable differences:

• Vehicular homicide does not carry a mandatory minimum sentence (DUI manslaughter minimum is 4 years)
• Vehicular homicide does not require permanent license suspension (DUI manslaughter often does, with limited hardship reinstatement), but license suspension is mandated for at least 3 years

A critical but often overlooked difference between these two offenses is the proximate cause requirement. DUI manslaughter does not require that the defendant have been the proximate cause (primary cause) of the fatal accident – only that their operation or actual physical control of the vehicle while under the influence contributed to the death of the victim.

By contrast, vehicular homicide requires that the defendant have been the proximate (but-for) cause of the victim’s death. A case that is illustrative of this point is Velazquez v. State. There, two men were racing their cars at an extremely high speed – during the race, one of the drivers lost control and died in a wreck.

The other driver (Velazquez) was charged with vehicular homicide and convicted. On appeal, Velazquez argued that the State was required not simply to prove he was a contributing factor to the victim’s death, but the actual cause. The court agreed, holding that because Velazquez only contributed to the victim’s death by racing rather than causing it (the primary cause was the victim’s own negligence), his conviction required reversal.

But under Florida’s DUI manslaughter law, a driver is only required to contribute to the death of a victim while under the influence behind the wheel. Influence can be established by finding:

• The defendant had a blood/breath/urine alcohol content at or above 0.08
• The defendant’s normal faculties were impaired (sight, hearing, slurred speech, etc.) by alcohol or another substance despite not having a BAC of 0.08 or above

In sum, it is clear that in Florida, someone may be charged and convicted of DUI manslaughter on the basis that they were a contributing factor to the death of the victim and satisfied the remaining elements of the offense (operating a vehicle while under the influence at the time of the collision).

Velazquez precludes this for vehicular homicide, which requires “in-fact” (proximate/majority) causation. It is critical for anyone involved with a vehicular homicide or DUI manslaughter case in Florida to understand this distinction.

However, if the victim’s own negligence or recklessness was entirely responsible for their own death (such as the victim slamming into the back of the defendant’s car while the defendant was properly stopped at a red light, killing them), this is not DUI manslaughter. Someone must still contribute to the death of a victim through their own action or inaction while under the influence.

It is critical to find experienced and trusted legal representation as soon as possible if someone is charged with DUI, BUI, vehicular homicide, DUI manslaughter, BUI manslaughter or vessel homicide. This decision could make the difference in whether or not someone faces a lengthy prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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