A Jacksonville man was sentenced to 12 years in prison after pleading guilty to driving drunk when he caused a crash that killed one person and seriously injured another. The driver's blood-alcohol level was 2-1/2 times over the legal limit at the time of the 2013 crash, according to a report in the Florida Times-Union. The driver was speeding and drove through a stop sign and into another car, the newspaper reported. A passenger in the other car was killed and the driver was seriously injured.
The driver pleaded guilty earlier this year to DUI manslaughter and DUI causing serious bodily injury. DUI manslaughter is a second-degree felony with a maximum penalty of 15 years in state prison. However, this is one type of crime that also carries a mandatory minimum sentence. If someone is convicted of or pleads guilty to DUI manslaughter, there is a mandatory sentence of four years in state prison. DUI causing serious bodily injury is a third-degree felony, punishable by up to five years in prison, but it does not have a minimum mandatory sentence attached. In this Jacksonville DUI Case, the driver was facing a maximum of 20 years in prison and ended up with a little more than half of that time.
While in some Jacksonville DUI Cases the blood-alcohol level is not made available, it is always part of a crash with serious injuries. If you are pulled over under suspicion of DUI -- for weaving in and out of traffic, for example - you will be asked to take a breath test once you are arrested. But drivers can refuse to take that test. When there are injuries involved, however, police can take a blood sample to test for alcohol without the consent of the driver. There are certain things that drivers automatically agree to when they accept a driver's license and that is among them. Another example is calling for help and stopping to render aid if a driver is in an accident and someone is hurt. So in serious Jacksonville DUI Cases, if the driver is not conscious or cannot otherwise make the decision to consent, it does not matter and blood can be taken anyway.
In many Jacksonville DUI Cases, there will be charges announced four to six months following the crash. Because of backlogs in the system, that's generally how long it will take to get the blood test results that can prove the driver was under the influence at the time of the crash. Our Jacksonville DUI Attorney represents people on all level of DUI charges, from first-time offenders charged with misdemeanors, to those facing felony charges, including DUI manslaughter.
If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville DUI Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.