Driving under the influence (DUI) and hit-and-run incidents causing injury to a pedestrian are serious offenses in Florida. These crimes carry severe penalties, including substantial fines, lengthy prison sentences, and long-term consequences for the defendant’s personal and professional life. We will now explore the relevant statutes, legal definitions, potential penalties, the criminal justice process, common defenses, and the importance of legal representation.
In Florida, several statutes govern DUI and hit-and-run offenses, particularly those resulting in injury to pedestrians.
Florida Statutes § 316.193 - Driving Under the Influence
Florida Statutes § 316.193 defines DUI as operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher or while under the influence of alcoholic beverages, chemical substances, or controlled substances to the extent that normal faculties are impaired. This statute outlines the penalties for various levels of DUI offenses, including those involving bodily injury to others.
Florida Statutes § 316.027 - Crash Involving Death or Personal Injuries
Florida Statutes § 316.027 requires drivers involved in crashes that result in death or personal injury to stop immediately at the scene, provide necessary information, and render reasonable assistance to injured persons. Failing to do so constitutes a hit-and-run offense. This statute details the penalties for leaving the scene of an accident involving injury, which are significantly enhanced when the driver is also found to be under the influence.
Florida Statutes § 316.061 - Crash Involving Damage to Vehicle or Property
While not directly related to causing injury, Florida Statutes § 316.061 addresses crashes involving only property damage. It provides context for understanding the gradation of hit-and-run offenses based on the severity of the incident.
Legal Definitions
Understanding the legal definitions associated with DUI and hit-and-run offenses is crucial for comprehending the charges and potential defenses.
Driving Under the Influence (DUI)
DUI refers to operating a vehicle while impaired by alcohol or other substances. This impairment can be measured by a BAC of 0.08% or higher, or by demonstrating that the driver’s normal faculties are impaired due to substance use.
Hit-and-Run
A hit-and-run occurs when a driver involved in a crash leaves the scene without providing their contact information, vehicle registration, or assisting the injured. This is particularly severe when the crash results in injury or death.
Bodily Injury
Bodily injury refers to physical harm inflicted on a person, which can range from minor injuries to severe, life-threatening conditions. The severity of the injury impacts the penalties imposed for DUI and hit-and-run offenses.
Pedestrian
A pedestrian is any person traveling on foot, regardless of whether they are using crosswalks, sidewalks, or roadways. Pedestrians are particularly vulnerable in traffic incidents, leading to stringent penalties for drivers who cause them harm.
Potential Fines, Jail Time, Probation, and Other Potential Punishments and Consequences if Convicted
The penalties for DUI and hit-and-run offenses involving injury to a pedestrian are severe, reflecting the seriousness of these crimes.
Fines
DUI Penalties: Fines for DUI offenses in Florida vary based on the severity and number of prior offenses. For a first-time DUI resulting in bodily injury, fines range from $500 to $1,000. For subsequent offenses, fines can increase significantly, up to $5,000 or more.
Hit-and-Run Penalties: Fines for hit-and-run offenses involving injury can be substantial. If the incident results in serious bodily injury, fines can reach up to $10,000.
Jail Time
DUI Penalties: Jail sentences for DUI offenses involving injury vary based on prior convictions and the severity of the injury. A first-time DUI with bodily injury can result in up to one year in jail. Subsequent offenses or those involving severe injuries can lead to longer prison sentences, ranging from several years to up to 30 years for a DUI manslaughter charge.
Hit-and-Run Penalties: Hit-and-run offenses resulting in injury can lead to significant jail time. Leaving the scene of an accident involving injury is a third-degree felony, punishable by up to five years in prison. If the incident results in serious bodily injury, it can be elevated to a second-degree felony, with penalties of up to 15 years in prison.
Probation
Probation may be imposed in addition to or instead of jail time. Conditions of probation typically include regular check-ins with a probation officer, compliance with specific rules and restrictions, and participation in counseling or treatment programs. Violating probation terms can result in additional penalties, including imprisonment.
Other Potential Punishments
Driver’s License Suspension: Convictions for DUI or hit-and-run offenses typically result in the suspension or revocation of the defendant’s driver’s license. The duration of the suspension varies based on the severity of the offense and the number of prior convictions.
Community Service: Defendants may be required to complete community service hours as part of their sentence. This is often mandated for DUI offenses.
Restitution: Courts may order defendants to pay restitution to the victims to cover medical expenses, lost wages, and other costs resulting from the injury.
Substance Abuse Treatment: DUI offenders may be required to attend substance abuse treatment programs or DUI school as part of their sentence.
The Criminal Justice Case Process in Florida for This Crime
Understanding the criminal justice process for DUI and hit-and-run offenses involving injury to a pedestrian is crucial for anyone facing these charges.
Arrest and Initial Appearance
The process begins with the arrest, typically following the incident. Law enforcement officers may conduct field sobriety tests and chemical tests (breath, blood, or urine) to determine impairment. The defendant is then taken into custody and brought before a judge for an initial appearance, where the charges are read, and bail conditions are set.
Arraignment
During the arraignment, the defendant enters a plea of guilty, not guilty, or no contest. This stage is crucial for establishing the course of the case, including setting trial dates and addressing any pre-trial motions. Legal representation is essential to advise on the best plea and to begin building a defense strategy.
Pre-Trial Motions and Discovery
In the pre-trial phase, both the prosecution and defense engage in discovery, exchanging evidence and information relevant to the case. Pre-trial motions may be filed to address specific legal issues, such as suppressing evidence obtained unlawfully or challenging the admissibility of certain testimony. Effective legal representation is vital to navigate this phase successfully.
Negotiations and Plea Bargaining
Many criminal cases are resolved through plea negotiations. An experienced attorney can negotiate with the prosecution to secure favorable outcomes, such as reduced charges or lighter sentences. This process requires careful negotiation and strategic decision-making to achieve the best possible result for the defendant.
Trial
If a plea agreement cannot be reached, the case proceeds to trial. During the trial, both sides present evidence and arguments before a judge or jury. The prosecution must prove the defendant's guilt beyond a reasonable doubt. The defense presents its case, challenging the prosecution's evidence and offering alternative explanations or defenses.
Sentencing
If the defendant is found guilty, the case moves to the sentencing phase. The judge considers various factors, including the severity of the offense, the defendant's criminal history, and any mitigating circumstances. Sentencing may include fines, jail time, probation, and other penalties.
Common Defenses Against This Charge
Defending against charges of DUI and hit-and-run involving injury to a pedestrian requires a thorough understanding of the legal principles and strategies involved.
Lack of Evidence
One common defense is to argue that there is insufficient evidence to prove the charges beyond a reasonable doubt. This can involve challenging the accuracy of breathalyzer or blood test results, questioning the reliability of eyewitness testimony, or highlighting inconsistencies in the prosecution’s case.
Unlawful Traffic Stop
If the defense can demonstrate that the traffic stop leading to the arrest was conducted without reasonable suspicion or probable cause, any evidence obtained during the stop may be suppressed. This defense relies on the Fourth Amendment protections against unreasonable searches and seizures.
Involuntary Intoxication
In some cases, the defense may argue that the defendant was unknowingly intoxicated. This can occur if the defendant’s drink was spiked or if they ingested a substance without knowledge of its intoxicating effects. While this defense is challenging to prove, it can be effective in certain circumstances.
No Knowledge of Injury
For hit-and-run charges, the defense may argue that the defendant was unaware that they had struck a pedestrian or caused injury. This defense requires demonstrating that the defendant had no reason to believe that they were involved in an accident causing injury.
Florida DUI with Injury FAQs
What is the legal BAC limit in Florida?
The legal BAC limit in Florida is 0.08% for drivers aged 21 and over. For drivers under 21, the limit is 0.02%. Commercial drivers have a limit of 0.04%.
What happens if I refuse a breathalyzer test in Florida?
Refusing a breathalyzer test in Florida can result in an automatic suspension of your driver’s license for one year for a first refusal and 18 months for subsequent refusals. Additionally, refusal can be used as evidence against you in court.
Can I be charged with a DUI if I’m under the legal BAC limit?
Yes, you can still be charged with a DUI if your BAC is below 0.08% if the prosecution can prove that your normal faculties were impaired by alcohol or other substances.
What should I do if I am involved in a crash involving injury in Florida?
If you are involved in a crash involving injury, you must stop immediately, provide your contact and vehicle information, and render reasonable assistance to the injured. Failing to do so can result in hit-and-run charges.
How can an attorney help me with DUI and hit-and-run charges?
An attorney can help by providing legal advice, building a defense strategy, negotiating plea deals, representing you in court, and protecting your constitutional rights throughout the legal process.
Why Defendants for This Crime Need an Attorney and Why They Should Choose Musca Law, P.A.
Facing charges for DUI and hit-and-run involving injury to a pedestrian 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:
Expertise in Criminal Law
An experienced attorney understands the complexities of DUI and hit-and-run charges and the specific challenges associated with cases involving injury to pedestrians. They can provide invaluable guidance, build a strong defense, and advocate for the defendant's rights throughout the legal process.
Strategic Defense Planning
An attorney can develop a comprehensive defense strategy tailored to the specifics of the case. This includes gathering evidence, identifying weaknesses in the prosecution's case, and preparing persuasive arguments for court.
Negotiation Skills
Many criminal cases are resolved through plea bargaining. An experienced attorney can negotiate with the prosecution to secure favorable outcomes, such as reduced charges or lighter sentences. Effective negotiation can significantly impact the case's outcome.
Protecting Constitutional Rights
An attorney ensures that the defendant's constitutional rights are protected throughout the criminal justice process. This includes challenging unlawful stops, searches, and seizures, as well as ensuring due process is followed.
Proven Track Record
Musca Law, P.A. has a team of experienced criminal defense attorneys with a proven track record of success in handling DUI and hit-and-run cases. Their extensive experience and dedication to their clients have resulted in favorable outcomes for many individuals facing similar charges.
Comprehensive Legal Support
Musca Law, P.A. provides comprehensive legal support, including representation at all stages of the criminal justice process. They are committed to achieving the best possible outcome for their clients and are available 24/7 to address any legal concerns.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you are facing charges for DUI and hit-and-run involving injury to a pedestrian in Florida, it is crucial to act quickly and seek the assistance of a skilled and experienced attorney. Musca Law, P.A. offers a team of experienced criminal defense attorneys with a proven track record of success in handling DUI and hit-and-run cases. We provide free consultations 24/7/365 at 1-888-484-5057 and serve all 67 counties in Florida. Protect your rights and your future by contacting Musca Law, P.A. today for expert legal representation.