Understanding the Legal Implications of DUI Accidents Causing Serious Injuries in Florida
Driving under the influence is a serious offense in Florida, but when a DUI leads to an accident causing serious injuries, the legal stakes increase dramatically. Florida law classifies DUI accidents involving serious bodily injury as felonies, with severe consequences for those convicted. If you’re facing these charges, understanding the law and the potential ramifications can help you take the steps necessary to protect your rights.
DUI Accidents Causing Serious Injury and Florida Law
Under Florida Statutes § 316.193(3)(c)(2), a DUI that causes serious bodily injury to another person is classified as a third-degree felony. Serious bodily injury is defined as any physical condition that creates a substantial risk of death, causes serious personal disfigurement, or results in long-term impairment of a bodily function. This classification reflects the state’s commitment to holding impaired drivers accountable for the harm they cause.
A third-degree felony in Florida carries penalties of up to five years in prison, five years of probation, and fines of up to $5,000. Additionally, you may face restitution obligations, license revocation, and mandatory completion of DUI programs. These penalties can be life-altering, emphasizing the importance of mounting a strong defense.
The Prosecution’s Burden of Proof
To convict someone of a DUI causing serious injury, the prosecution must prove three key elements:
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Impairment or a BAC of 0.08 or Higher
The state must establish that the driver was under the influence of alcohol or drugs to the extent that their normal faculties were impaired, or that their blood alcohol concentration (BAC) was 0.08 or higher. -
Causation
The prosecution must show that the defendant’s impaired driving directly caused the accident. This requires proving that the injury would not have occurred “but for” the defendant’s actions. -
Serious Bodily Injury
Finally, the state must demonstrate that the injuries sustained meet the statutory definition of serious bodily injury.
Without clear evidence for all three elements, a conviction is unlikely. However, prosecutors are often aggressive in pursuing these cases, making it critical to challenge each component effectively.
Potential Defenses to DUI Causing Serious Injury Charges
There are several defenses available to those accused of DUI causing serious injury. Some of the most effective include:
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Challenging the Traffic Stop
If law enforcement lacked probable cause to stop your vehicle, any evidence obtained during the stop could be suppressed. This includes breath test results or field sobriety test observations. -
Disputing the BAC Test
Breath, blood, or urine tests must be conducted according to strict procedures under Florida Administrative Code Rule 11D-8.003. If these procedures were violated, the results may be inadmissible. -
Proving Lack of Causation
Even if impairment is established, the prosecution must prove that it directly caused the injuries. If the accident was the result of another driver’s actions or an unrelated mechanical failure, causation may be contested. -
Questioning the Severity of the Injuries
The injuries must meet the legal threshold for “serious bodily injury.” Disputing the medical evidence could weaken the state’s case. -
Rising BAC Defense
Alcohol absorption takes time, meaning your BAC may have been below the legal limit while driving but rose above 0.08 after the accident. This is particularly relevant if there was a delay in testing.
Sentencing Enhancements and Aggravating Factors
Certain circumstances can increase the penalties for a DUI causing serious injury:
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Multiple Victims
Each injured party represents a separate charge, significantly increasing potential penalties. -
Prior DUI Convictions
A history of DUI offenses can elevate a third-degree felony to a second-degree felony under Florida Statutes § 775.084. -
Refusal to Submit to a Chemical Test
Refusing a breath, blood, or urine test after a prior refusal can lead to enhanced penalties, as outlined in Florida Statutes § 316.1939.
Long-Term Consequences of a Felony DUI Conviction
Beyond the immediate penalties, a felony conviction can have lasting repercussions. These include difficulty finding employment, housing, or securing loans. A felony record can also result in the loss of civil rights, such as the right to vote or own firearms.
Steps to Protect Your Rights
If you’re facing charges for DUI causing serious injury, it’s crucial to act quickly. Begin by consulting with an experienced DUI defense attorney who can review the specifics of your case and develop a tailored defense strategy. Additionally:
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Document Everything
Gather any evidence related to the incident, including witness statements, photos of the accident scene, and medical records. -
Avoid Making Statements to Law Enforcement
Exercise your right to remain silent until you’ve consulted an attorney. -
Understand the Legal Process
Florida’s legal system can be complex, and the stakes are too high to navigate without guidance.
DUI FAQs
Can a DUI causing serious injury be reduced to a lesser charge?
Yes, it’s possible to negotiate a plea deal to reduce the charge to a misdemeanor, such as reckless driving causing injury. This depends on the specifics of your case, including the strength of the evidence against you, your prior record, and the injuries involved. An experienced DUI defense lawyer can work with prosecutors to seek a reduced charge, potentially avoiding a felony conviction and its associated consequences.
How does a prior DUI affect charges for an accident causing serious injury?
A prior DUI conviction can significantly impact your case. Under Florida law, repeat offenders face harsher penalties, including longer prison sentences, higher fines, and longer license suspensions. If you’re facing felony DUI charges and have prior convictions, it’s critical to work with an attorney who can build a defense to minimize the impact of your past record.
What happens if the victim in a DUI accident causing serious injury does not want to press charges?
While the victim’s wishes can influence the case, DUI charges are prosecuted by the state, not the individual. This means the prosecutor can pursue the case even if the victim does not want charges filed. However, the victim’s input may play a role in plea negotiations or sentencing recommendations.
Can I be charged with DUI causing serious injury if I wasn’t at fault for the accident?
Yes, you can still be charged if you were impaired and involved in an accident that resulted in serious injury, even if another driver was primarily at fault. However, lack of causation can be a strong defense, as the prosecution must prove that your impairment directly caused the injuries.
Is house arrest an option for DUI causing serious injury?
In some cases, house arrest or probation may be an alternative to prison time. Eligibility often depends on the severity of the injuries, your criminal history, and the circumstances of the case. A skilled DUI attorney can advocate for alternatives to incarceration during sentencing.
What is the role of restitution in DUI causing serious injury cases?
Restitution is often a requirement in DUI cases involving serious injuries. This involves compensating the victim for medical expenses, lost wages, or other damages. Restitution is typically ordered in addition to fines and other penalties, and failure to pay can result in further legal consequences.
Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation.
If you’ve been charged with DUI causing serious injury, you don’t have to face these challenges alone. Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with criminal or traffic offenses. They serve all 67 counties in Florida and are available to help you today.