Understanding the Consequences and How to Protect Your Rights

Driving under the influence (DUI) in Florida is treated as a serious crime, but when DUI leads to serious bodily injury, the stakes are significantly higher. If you’re facing a charge of DUI while causing serious bodily injury, it’s essential to know that Florida law imposes harsh penalties, including potential prison time, fines, and long-term impacts on your criminal record. As someone who defends clients charged with DUI-related crimes, I know how intimidating this process can feel. However, with the right defense strategy and legal representation, you may have options to reduce or fight these charges.

What Does Florida Law Say About DUI and Serious Bodily Injury?

Under Florida Statutes Section 316.193(3), driving under the influence and causing serious bodily injury to another person is classified as a third-degree felony. This law applies when someone is operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by drugs, and they cause an accident that results in serious bodily injury.

"Serious bodily injury" is defined as an injury that creates a substantial risk of death, causes permanent disfigurement, or results in long-term loss or impairment of a body part or organ. Examples of serious bodily injury could include broken bones, severe head injuries, or damage to vital organs.

Because this offense is considered a felony, the consequences of a conviction are far more severe than those for a standard DUI. Florida law allows for penalties that include up to five years in prison, five years of probation, and fines reaching up to $5,000. Additionally, if convicted, you may face mandatory DUI school, community service, and substance abuse treatment. You may also be required to pay restitution to the injured party for their medical expenses and other losses.

Driver’s License Consequences

In addition to criminal penalties, a conviction for DUI causing serious bodily injury comes with significant consequences for your driving privileges. Florida law imposes a minimum three-year driver’s license revocation for this type of offense. Losing your driving privileges for such an extended period can make it difficult to maintain employment, take care of family obligations, or simply carry out everyday tasks. This is why defending against these charges or seeking a reduction in the charges is so important.

Defenses to DUI While Causing Serious Bodily Injury

If you’ve been charged with DUI while causing serious bodily injury, it’s important to remember that you still have rights and options. There are several defenses that can be raised to challenge the charges or potentially have them reduced.

1. Challenging the BAC Test Results

One of the most common defenses in DUI cases is to challenge the accuracy of the BAC test results. Breathalyzer machines and blood tests are not infallible, and errors can occur during the administration or processing of these tests. For example, if the breathalyzer was not properly calibrated or the officer conducting the test was not certified, the results may be invalid. Similarly, contamination or improper handling of a blood sample can lead to inaccurate readings.

An experienced attorney will thoroughly investigate the procedures used in your case to determine if any errors occurred. If the BAC test results can be successfully challenged, the prosecution’s case may be significantly weakened.

2. Questioning the Legality of the Traffic Stop

Another key defense is to examine whether the police had a legal basis for stopping your vehicle in the first place. Under the Fourth Amendment, law enforcement officers must have reasonable suspicion to stop a vehicle. If the officer did not have a valid reason to stop you—such as observing a traffic violation or having probable cause to believe you were impaired—then any evidence obtained during the stop, including BAC test results, may be inadmissible in court.

3. Proving Lack of Causation

For a conviction of DUI causing serious bodily injury, the prosecution must prove that your intoxicated driving directly caused the accident and the resulting injuries. In some cases, even if a driver was impaired, the accident may have been caused by other factors, such as the actions of another driver, poor road conditions, or a mechanical failure in the vehicle.

If it can be shown that the accident would have occurred regardless of your intoxication, the charges may be reduced or dismissed. An attorney can work with accident reconstruction experts to establish whether you were truly at fault for the crash.

4. Examining Medical Evidence

In some cases, the nature and extent of the injuries sustained in the accident may be called into question. To be charged with DUI causing serious bodily injury, the injuries must meet the legal threshold of being "serious" as defined by Florida law. If the injuries are less severe than claimed, or if they are not permanent, the charges could potentially be reduced.

The Importance of Hiring a Private Attorney

While you may be offered a public defender if you cannot afford a private attorney, hiring a private attorney can make a significant difference in how your case is handled and its ultimate outcome. Private attorneys typically have more time and resources to dedicate to your defense. They can conduct thorough investigations, hire expert witnesses, and work on developing a customized defense strategy specific to your case.

Public defenders, while often skilled, are often overloaded with cases and may not be able to provide the same level of attention. When facing a serious charge like DUI while causing serious bodily injury, it’s crucial to have an attorney who can devote the necessary time to your defense.

How Hiring a Private Attorney Can Help:

  • Personalized Attention: A private attorney will work closely with you to understand the details of your case and develop a strategy that fits your circumstances.

  • Access to Resources: Private attorneys have the ability to hire investigators, medical experts, and accident reconstruction specialists who can provide critical testimony to challenge the prosecution’s case.

  • Negotiation Skills: Private attorneys often have experience negotiating with prosecutors to reduce charges or reach favorable plea deals. This could mean the difference between facing felony charges or a reduced charge like reckless driving.

  • Fighting for Charge Mitigation: In some cases, it may be possible to avoid a felony conviction entirely through charge mitigation. Your attorney may negotiate with the prosecution to reduce the charges to a misdemeanor or work to minimize the penalties you face.

  • Protecting Your Record: A private attorney will focus on protecting your criminal record and minimizing the long-term impact of the charges. In some cases, your attorney may be able to get the charges dismissed or negotiate a plea deal that avoids jail time and allows you to keep your record clean.

Why You Shouldn’t Face These Charges Alone

If you’re charged with DUI while causing serious bodily injury, the consequences are severe. A felony conviction can result in long prison sentences, hefty fines, and the loss of your driver’s license. But beyond the immediate penalties, the long-term consequences of having a felony on your record can impact your ability to find employment, rent housing, and maintain a professional license.

Having a knowledgeable and experienced attorney by your side can be the key to protecting your rights and minimizing the damage caused by a DUI charge. A well-prepared defense can mean the difference between a lengthy prison sentence and a reduced penalty or even acquittal.

Florida DUI Causing Serious Bodily Injury Charge FAQs

What happens if I refuse a breathalyzer test after an accident involving serious bodily injury?

In Florida, refusing to submit to a breathalyzer test when law enforcement suspects you of DUI can result in immediate consequences, including a one-year license suspension for the first refusal and 18 months for subsequent refusals. Additionally, if you are involved in an accident that results in serious bodily injury, law enforcement can compel a blood test to determine your BAC even if you refuse.

Can DUI causing serious bodily injury be reduced to a lesser charge?

Yes, it is sometimes possible to have the charge reduced to a lesser offense such as reckless driving, depending on the circumstances. This could lead to a lighter sentence, fewer fines, and less long-term damage to your criminal record. A private attorney can negotiate with prosecutors and present evidence that supports a reduction in charges.

Will a conviction for DUI causing serious bodily injury lead to mandatory jail time?

A conviction for DUI causing serious bodily injury is a third-degree felony in Florida, which carries a maximum penalty of five years in prison. However, whether or not you will face mandatory jail time depends on the specific circumstances of your case, including your prior criminal history, the severity of the injuries, and whether any plea agreements can be reached.

Can I still drive after being charged with DUI while causing serious bodily injury?

If you are charged with DUI while causing serious bodily injury, your driver’s license will likely be revoked for a minimum of three years if convicted. However, you may be able to request a hardship license after a certain period, which allows you to drive for limited purposes such as work or medical appointments. An attorney can help you through the process of applying for a hardship license.

How long will a DUI felony stay on my record in Florida?

A DUI felony, including one involving serious bodily injury, is a serious offense and will remain on your criminal record indefinitely. Florida law does not allow for the expungement or sealing of DUI convictions, even if they are classified as misdemeanors or felonies. This makes it especially important to work with an attorney to fight the charges and protect your future.

Call Us 24/7/365 For Your FREE Consultation

If you or someone you know has been charged with DUI while causing serious bodily injury in Florida, the legal consequences are serious. But with the help of an experienced attorney, you can fight to protect your rights and your future. Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation. Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.