West palm beach, fl - Se habla espanol

DUI Manslaughter Conviction Lands Florida Man in Prison for 30 Years

It was more than a year ago when Terry Dinkins, a 66-year-old Florida resident, got into his vehicle after having “a lot to drink,” as he later admitted to officials. Reports would show he had been driving with a blood-alcohol content level of 0.20, more than twice the legal limit.Driving the wrong way on State Road 435, Dinkins crashed his Lexus convertible into an oncoming Nissan Altima. The crash killed the Altima’s driver and passenger, Brandi Cole and Silvia Barajas.Last month, Dinkins was convicted of DUI manslaughter and sentenced to 30 years in prison. The tough penalty is typical for a conviction for DUI manslaughter, considered an extremely grave crime in Florida.

What Constitutes DUI Manslaughter In Our State?

According to Florida Statute 316.193(1) and (3)(c)(3), DUI manslaughter occurs when an individual causes the death of another person while driving a vehicle under the influence of alcohol or other controlled substance. You can be charged if you meet all of the following criteria:

  • You are driving or in physical control of the vehicle.
  • You are under the influence of alcohol or any chemical or controlled substance to the point where it impairs your normal facilities, or you have a breath- or blood-alcohol level of 0.08 or higher.
  • You cause the death of another, either directly or indirectly.

What Are the Penalties for DUI Manslaughter?

In Florida, DUI manslaughter is considered a second degree felony. If you are convicted of DUI manslaughter in this state, you may face the following penalties:

  • Minimum of four years imprisonment
  • Up to 15 years probation.
  • Up to $10,000 in fines.
  • Permanent driver’s license revocation.
  • Impoundment of your vehicle.
  • Completion of substance abuse treatment and course.

What Are the Possible Defenses against DUI Manslaughter?

Though DUI manslaughter is among the most serious and harshly penalized DUI-related offenses, there are several ways to defend yourself against this type of charge and hopefully avoid devastating penalties. We’ve listed some of the most common DUI manslaughter defenses below:Illegal traffic stop. According to Florida law, an officer may legally stop a vehicle only if there is reasonable suspicion that the driver is committing a traffic infraction, or probable cause that the driver has broken the law. If the officer conducts a traffic stop without meeting this criteria, all evidence found through the illegal traffic stop will be rendered invalid.Inadequate probable cause. To legally arrest you, an officer needs to have probable cause to believe you are impaired by alcohol or chemical or controlled substances. If your arresting officer arrested you on insufficient evidence or unreasonable conclusion, then your arrest will be considered illegal, and all evidence obtained because of your arrest will be invalidated.

West Palm Beach DUI Manslaughter Attorney

Improper breathalyzer testing. Breathalyzer tests must be performed in an extremely precise, consistent manner, and breathalyzer machines must meet stringent maintenance regulations.  If your arresting officer does not properly conduct a breathalyzer test, or if the machine is not suitably maintained, the breathalyzer results will be invalidated.If you have been charged with DUI manslaughter, it is essential to get in touch with a skilled Florida DUI lawyer who has a track record of success handling these types of cases. Your attorney will be able to help you understand the charges you are facing and determine the best possible defense for your unique situation. With the help of a seasoned attorney, you may be able to have the DUI manslaughter charges against you reduced – or even dropped altogether.About the Author:Attorney David W. Olson is the founder of the Law Offices of David W. Olson in West Palm Beach. He has been practicing criminal law and successfully representing clients throughout the State of Florida for over 30 years. Throughout his legal career, Mr. Olson has been honored numerous times for both his dedication and excellence in criminal law. He proudly holds the Martindale-Hubbell AV Rating, as well as being recognized as a Top 100 Trial Lawyer (2013), in the Nation’s Top One Percent of attorneys (2015), and as a 10 Best Member of the American Institute of Criminal Law Attorneys (2015). He has even received commendations from members of congress and other public officials for the fantastic work that he's done. Mr. Olson graduated from the University of Florida’s Fredric G. Levin College of Law in 1981 and has been a member of the Florida Bar since 1983.

Free case review

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

testimonials

Better call Saul? More like, BETTER CALL OLSON!

“David W. Olson is the best lawyer I have come across. He truly will sit and listen to your story and no matter what he will fight for your rights. He is very compassionate, and understanding. He will work with you and does his job with a good heart. Mr. Olson truly has saved my life and gave me a second chance. You wont go wrong with hiring David Olson as your attorney. I highly recommend him and I am proud to have chosen him as my attorney.”

mateo

Found the Best!

“David Olson has represented me on two occasions. I have since referred two of my friends and my nephew to him, and they have all told me they’ll always be grateful for that. Mr. Olson somehow had the charges dropped in both of my cases (actually, I do know how, because he and his staff answered all my questions and explained in detail things that I never would have thought of).”

jacob

Compassionate Attorney

"My husband and I hired Mr. Olson to represent our son a Florida gun shot victim. We are New Jersey residents. From day one we felt comfortable with Mr. Olson and found him to be easy to talk to and a very good listener. This was important to us after our horrible experience with another attorney who was more concerned with hearing himself speak than our wishes."

donna

Personable and Highly Intelligent!

“I saw David today to discuss some possible outcomes and possibilities of a probable future case. I did not know if I was going to be charged at all but I wanted to speak to someone to get a better idea of what I was looking at and what my options were. As soon as I shook his hand I felt very comfortable and respected. I laid it all out for him and asked him every last question I had, all of which were answered respectfully and intelligently.”

Daniel

The Best of the Best

"I have known David Olson for over 20 yrs. now and have had my rough times in my past and unfortunately I ended up in trouble with the law and really needed help from a real lawyer. I needed someone to listen to my side of the story and really fight my cases in court for me and get the BEST results for my cases. A very close friend said the man for the job is David W Olson; So I contacted him & he came to me the very next day to hear me out and I knew he was the lawyer that would do the best for me and he did.”

Chet B.

Hearty Recommendation

"I hired Mr. Olson from recommendation by family member. He was immediately behind my situation and put me completely at ease. There were no false promises, very upfront as far as expectations and outcomes.

His assistant, Jessica was a joy to work with as well. They came to my house, interviewed witnesses, went above and beyond and always respond to my calls. I totally endorse this attorney."

Eunice