Drunk driving accidents involving pedestrians are among the most serious and devastating incidents on the road. In Florida, the legal consequences for causing injuries to a pedestrian while driving under the influence (DUI) are severe. Understanding the statutes, potential penalties, and possible defenses is crucial for anyone facing these charges. This comprehensive guide explores these aspects in detail, emphasizing the importance of skilled legal representation.
Driving under the influence (DUI) in Florida is governed by Florida Statutes § 316.193. This statute makes it illegal to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by alcohol or other substances to the extent that normal faculties are compromised. When a DUI results in a pedestrian accident with injuries, the legal repercussions are heightened.
Florida Statutes § 316.027 addresses accidents involving personal injuries. This statute mandates that the driver of any vehicle involved in a crash resulting in injury or death must immediately stop at the scene and remain there until they have fulfilled their statutory duties, such as rendering aid and providing information. Failure to comply with this statute can result in additional charges, including felony hit and run.
When a DUI causes serious bodily injury to a pedestrian, it can elevate the charge to a third-degree felony under Florida Statutes § 316.193(3)(c)2. Serious bodily injury is defined as an injury that creates a substantial risk of death, causes serious personal disfigurement, or results in protracted loss or impairment of the function of any bodily member or organ.
If a pedestrian is killed as a result of a DUI accident, the driver can be charged with DUI manslaughter under Florida Statutes § 316.193(3)(c)3. DUI manslaughter is a second-degree felony, but it can be elevated to a first-degree felony if the driver leaves the scene of the accident.
Potential Punishments and Consequences if Convicted
The penalties for causing a pedestrian injury while driving under the influence in Florida are severe and reflect the seriousness of the offense. These penalties are designed to deter impaired driving and ensure public safety, but they also have significant long-term impacts on the defendant's life.
For a DUI resulting in serious bodily injury, classified as a third-degree felony, the potential penalties include up to five years in prison, five years of probation, and a fine of up to $5,000. Additionally, the court may impose other penalties such as community service, DUI school, and mandatory substance abuse treatment. The defendant's driver's license will also be revoked for a minimum of three years.
DUI manslaughter, a second-degree felony, carries even harsher penalties. Conviction can result in up to 15 years in prison, 15 years of probation, and a fine of up to $10,000. If the driver is convicted of DUI manslaughter and left the scene of the accident, the charge can be elevated to a first-degree felony, with penalties including up to 30 years in prison and substantial fines.
In addition to incarceration, probation, and fines, a DUI conviction involving pedestrian injuries can result in the installation of an ignition interlock device (IID) on the defendant's vehicle. An IID prevents the car from starting if alcohol is detected on the driver’s breath. The court may also require the defendant to attend victim impact panels and complete extensive community service hours.
A felony conviction for DUI with injuries has long-lasting consequences beyond the immediate penalties. A felony record can significantly impact employment opportunities, housing applications, and professional licenses. It can also lead to the loss of certain civil rights, such as the right to vote or possess firearms. The stigma of a felony conviction can affect personal relationships and community standing.
Common Defenses Against a DUI Charge
Defending against a DUI charge involving pedestrian injuries requires a thorough understanding of the legal principles and potential defenses available. Each case is unique, and the specifics of your situation will determine the best defense strategy.
One common defense is to challenge the legality of the traffic stop and subsequent arrest. Law enforcement officers must have reasonable suspicion to stop your vehicle and probable cause to make an arrest. If it can be shown that the stop was unlawful or that the officer lacked probable cause, any evidence obtained as a result, including BAC test results, may be inadmissible in court.
Challenging the accuracy and administration of breathalyzer or other chemical tests is another defense strategy. These tests must be properly maintained and calibrated, and any failure to follow protocols can cast doubt on their accuracy. Additionally, medical conditions or certain medications can affect BAC readings, providing another avenue for defense.
In some cases, you may argue that you were not impaired at the time of the alleged offense. This defense involves presenting evidence that your normal faculties were not impaired, despite the presence of alcohol or drugs in your system. Witness testimony and expert analysis can support this defense.
Another potential defense is to argue that you were not in actual physical control of the vehicle. This can be particularly relevant if you were not driving at the time of the arrest. For example, if you were sitting in a parked car with the engine off and the keys out of the ignition, it may be possible to argue that you were not in control of the vehicle.
A medical necessity defense can be used if you can prove that you were driving under the influence due to a medical emergency. This defense requires presenting evidence that you had no choice but to drive due to an urgent medical condition.
Relevant Florida DUI FAQs
How long does a DUI conviction stay on my record in Florida?
A DUI conviction in Florida remains on your criminal record permanently. Unlike other offenses, DUI convictions cannot be expunged or sealed, which means they are visible to potential employers and other entities conducting background checks. This can have long-lasting impacts on your employment opportunities and other aspects of your life.
Can I get a professional license with a DUI conviction?
Obtaining a professional license with a DUI conviction can be challenging, but it is not impossible. Licensing boards often conduct background checks and consider the nature of the conviction, the circumstances surrounding it, and the time that has passed since the offense. Demonstrating rehabilitation, completing all court-ordered programs, and maintaining a clean record can improve your chances of obtaining a professional license.
Will my employer find out about my DUI conviction?
Whether your employer finds out about your DUI conviction depends on several factors, including the nature of your job and the employer's policies. Many employers conduct regular background checks, especially for positions that involve driving, working with vulnerable populations, or require professional licenses. If your job requires periodic background checks, your employer may discover your conviction.
Can I lose my job because of a DUI conviction?
Losing your job due to a DUI conviction depends on your employer's policies and the nature of your job. Jobs that involve driving, require professional licenses, or entail working with vulnerable populations are particularly sensitive to DUI convictions. However, not all employers have strict policies regarding criminal convictions, and some may consider the circumstances and your subsequent behavior.
Can I get a hardship license after a DUI conviction in Florida?
Yes, you may be eligible for a hardship license after a DUI conviction in Florida. A hardship license allows limited driving for work, educational, or medical purposes. To obtain a hardship license, you must complete DUI school and provide proof of need. The Florida Department of Highway Safety and Motor Vehicles (DHSMV) will review your application and determine eligibility based on your specific circumstances.
Importance of Legal Representation
Facing DUI charges involving pedestrian injuries in Florida is a serious matter that requires expert legal representation. Here are several reasons why defendants need an attorney and why Musca Law, P.A. is the right choice.
An experienced attorney understands the complexities of DUI law and can provide invaluable guidance and defense strategies. They are familiar with the nuances of Florida’s DUI statutes and know how to effectively challenge the prosecution's case.
Attorneys can develop comprehensive defense plans tailored to the specifics of each case. This includes gathering evidence, identifying weaknesses in the prosecution's case, and preparing persuasive arguments for court.
Effective negotiation can significantly impact the outcome of a DUI case. Experienced attorneys can negotiate with the prosecution for reduced charges or lighter sentences, potentially avoiding the severe penalties associated with a DUI conviction.
An attorney ensures that your constitutional rights are protected throughout the legal process. This includes challenging unlawful stops, searches, and seizures, as well as ensuring due process is followed.
Musca Law, P.A. has a team of attorneys with a proven track record of success in handling DUI cases. Their extensive experience and dedication to achieving favorable outcomes for clients demonstrate their commitment to providing top-notch legal representation.
Musca Law, P.A. offers full legal support, representing clients at all stages of the criminal justice process. They are available around the clock to address any legal concerns and provide the guidance needed to navigate the complexities of a DUI case.
Call Musca Law 24/7/365 at 1-888-484-5057 For Your Free Consultation
If you are facing DUI charges involving pedestrian injuries in Florida, it is crucial to act quickly and seek the assistance of a skilled attorney. Musca Law, P.A. offers experienced DUI defense attorneys with a proven record of success. We provide free consultations 24/7/365 at 1-888-484-5057 and serve all 67 counties in Florida. Protect your rights and future by contacting Musca Law, P.A. today for expert legal representation.