Understanding the Severe Consequences of DUI with Serious Bodily Injury and How to Protect Your Rights
Driving under the influence (DUI) in Florida is already a serious offense, but when it involves serious bodily injury, it becomes a felony with life-altering consequences. Florida law strictly penalizes those charged with DUI that results in harm to others. If you’re facing a felony DUI charge with serious bodily injury, understanding your rights, the law, and your options is critical.
What Constitutes Felony DUI with Serious Bodily Injury in Florida?
Florida Statutes § 316.193(3)(c)(2) defines DUI with serious bodily injury as driving under the influence of alcohol or controlled substances, which impairs normal faculties, and causes serious bodily harm to another person. The law defines “serious bodily injury” as an injury that creates a substantial risk of death, serious disfigurement, or long-term loss or impairment of a bodily function.
This charge is a third-degree felony in Florida, carrying severe penalties that can disrupt your life permanently. Importantly, prosecutors must prove beyond a reasonable doubt that your impaired driving caused the victim’s injuries.
The Legal Standard for DUI Charges
To secure a felony DUI conviction, the prosecution must establish three elements:
- You were driving or in actual physical control of a motor vehicle.
- You were under the influence of alcohol or a controlled substance to the extent your normal faculties were impaired, or you had a blood alcohol concentration (BAC) of 0.08% or higher.
- Your actions caused or contributed to the serious bodily injury of another.
If the state can’t meet all these elements, you may have grounds for a strong defense.
Penalties for Felony DUI with Serious Bodily Injury
Being convicted of felony DUI with serious bodily injury under § 316.193(3)(c)(2) comes with substantial penalties, including:
- Up to five years in prison or probation
- Fines of up to $5,000
- Driver’s license revocation for a minimum of three years
- Mandatory completion of DUI school and substance abuse treatment
- Community service hours
- Court-ordered restitution to victims
Additionally, a felony conviction can result in collateral consequences, such as difficulty finding employment, housing, and educational opportunities.
Defenses to Felony DUI with Serious Bodily Injury
Every DUI case is unique, and several defenses may apply to your situation. A strong defense begins with a thorough review of the evidence, including police reports, witness statements, and BAC test results. Some common defenses include:
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Challenging the Traffic Stop
Law enforcement must have a valid reason to stop your vehicle. If the stop was unlawful, evidence obtained during the stop may be inadmissible. -
Questioning the BAC Test Results
BAC results can be challenged if the testing equipment was not properly calibrated, maintained, or administered by a qualified operator. -
Disputing Causation
The prosecution must prove your impairment caused the victim’s injuries. If other factors, such as weather conditions or the victim’s actions, contributed to the accident, this could weaken the state’s case. -
Arguing Lack of Impairment
Not all signs of impairment stem from alcohol or drug use. Fatigue, medical conditions, or nervousness may mimic signs of intoxication.
The Importance of an Attorney
Felony DUI cases are complex and require a detailed understanding of Florida law. Prosecutors aggressively pursue these charges, and the penalties are severe. Working with a defense attorney who understands DUI cases gives you the best chance to protect your rights and build a solid defense.
An attorney can examine the evidence, identify weaknesses in the prosecution’s case, negotiate with prosecutors, and advocate on your behalf in court.
How Felony DUI Affects Your Future
A felony conviction goes beyond fines and prison time. It can affect your ability to:
- Hold certain jobs or professional licenses
- Rent housing due to background checks
- Qualify for loans or financial aid
- Exercise civil rights like voting or owning firearms
The long-term consequences make it crucial to fight these charges with all available legal tools.
Steps to Take If You’re Charged with Felony DUI
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Remain Silent
You are not required to answer questions from law enforcement without an attorney present. Anything you say can and will be used against you. -
Document Your Account of Events
Write down everything you remember about the incident while it is fresh in your mind, including details of the traffic stop, field sobriety tests, and interactions with officers. -
Avoid Discussing Your Case
Do not discuss your case with anyone except your attorney. Even casual conversations can be used as evidence. -
Hire an Attorney Immediately
The sooner you have legal representation, the better your chances of building a strong defense.
Felony DUI in Florida with Serious Bodily Injury FAQs
What makes a DUI a felony in Florida?
A DUI becomes a felony in Florida if it involves serious bodily injury, repeat offenses, or a fatality. Under § 316.193, causing serious bodily injury elevates the charge to a third-degree felony, punishable by up to five years in prison, substantial fines, and other penalties.
Can I get probation instead of prison for felony DUI with serious bodily injury?
Yes, probation is possible, but it depends on the circumstances of your case, such as your criminal history, the extent of the injuries caused, and any mitigating factors. Probation often includes strict conditions like completing DUI school, substance abuse treatment, and community service.
How can I fight a felony DUI charge in Florida?
Several defenses can be used to fight felony DUI charges. These include challenging the legality of the traffic stop, questioning the reliability of BAC test results, disputing causation, and arguing that you were not impaired. A skilled DUI defense lawyer will evaluate your case to determine the best strategy.
What happens if I refuse a breathalyzer test in a felony DUI case?
Refusing a breathalyzer test can lead to automatic license suspension and be used as evidence against you in court. However, an attorney may argue that the refusal does not prove impairment, particularly if no other evidence of intoxication exists.
Will a felony DUI conviction affect my ability to drive?
Yes. A felony DUI conviction typically results in a minimum three-year license revocation. You may also be required to install an ignition interlock device (IID) as a condition of reinstatement.
Can I reduce a felony DUI charge to a misdemeanor?
Reducing a felony DUI to a misdemeanor is challenging but not impossible. It often requires negotiating with prosecutors to plead to lesser charges, such as reckless driving, which carries fewer penalties. Having a strong defense and an experienced attorney increases your chances of a favorable outcome.
Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation
Facing a felony DUI charge with serious bodily injury in Florida is overwhelming, but you don’t have to go through it alone. 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.