Possible DUI in Florida, death involved, not at fault for accident

[bluesanta]

My daughter's friend was involved in a fatal accident in which his blood alcohol was tested.

He was not at fault for the accident. The other driver who was killed failed to stop at a stop sign.

What is the worst that can happen to him if he is found DUI?

What is the least that can happen to him if he is found DUI?

[Litigator]

In Florida, criminal charges, depending on the facts, could include vehicular homicide, DUI manslaughter, DUI, or reckless driving.

Causation may be an issue because of the victim's conduct but in criminal cases it appears that the fault of the victim does not mean the other party charged with the crime escapes criminal liability unless it can be shown that the victim's actions were the sole proximate cause of the death.

The offender may also be sued civilly in addition to facing criminal charges or if not charged criminally could be sued civilly. Florida uses comparative negligence or comparative fault where the jury apportions fault. If he is found liable the judgement would be for a sum of money damages in a civil lawsuit.

Obviously a person who is DUI, both practically and legally, faces a huge obstacle in defense of their case be it criminal or civil.