Understanding the Legal Strategies for Defending Against DUI Charges in Pedestrian Accidents
Facing DUI charges after a pedestrian accident is a serious legal matter in Florida. The consequences can be severe, especially when a collision results in injury or death. But even in these cases, there are legal defenses available that may help reduce or dismiss the charges. As a DUI defense lawyer in Florida, I’m here to explain how we can challenge DUI charges that involve a pedestrian accident, what defenses are available under Florida law, and what the legal ramifications could be for those involved.
Florida DUI Laws and Pedestrian Accidents
In Florida, driving under the influence (DUI) is defined under Florida Statute § 316.193. A person is guilty of DUI if they are driving or in actual physical control of a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or if their normal faculties are impaired by alcohol or drugs.
When a pedestrian accident is involved, the charges and potential penalties become more complicated. Not only are you facing DUI charges, but the involvement of a pedestrian could lead to additional charges such as reckless driving or vehicular manslaughter, depending on the outcome of the accident. It’s crucial to understand that the state will be aggressive in prosecuting these cases, but that doesn’t mean the charges are unbeatable.
Key Defenses a DUI Lawyer Can Use
When challenging DUI charges involving a pedestrian accident, there are several legal defenses we can explore. Each defense strategy depends on the specific circumstances of the accident, the arrest, and the evidence collected by law enforcement.
1. Challenging the Validity of the Traffic Stop
One of the first areas we examine is whether the traffic stop that led to your arrest was valid. Law enforcement must have a legal reason to stop you, whether that’s observing erratic driving, a traffic violation, or being at the scene of an accident. If the police pulled you over without probable cause, any evidence collected after the stop, including breathalyzer results, could be thrown out.
2. Disputing the Breathalyzer or Blood Test Results
A significant part of any DUI case is the result of breath or blood tests. These tests are used to measure your BAC, but they’re not foolproof. For example, breathalyzer machines require regular calibration and maintenance, and they must be administered by a certified operator. If there’s any indication that the machine was not properly calibrated or the test was not performed correctly, we can challenge the accuracy of the BAC results.
Additionally, blood tests taken without proper procedure, such as obtaining consent or a warrant, can also be challenged. In some cases, medical conditions or other substances (like medications) can falsely elevate BAC levels, which we can use as part of your defense.
3. Questioning the Field Sobriety Tests
Field sobriety tests (FSTs) are often subjective. These tests are used by police officers to observe physical and mental coordination, but many factors can affect the results. If you have medical conditions, physical disabilities, or even if you were fatigued or anxious, you may not perform well on these tests, even if you weren’t impaired.
We can argue that these tests were unreliable under the circumstances, especially if the tests were administered under poor conditions—such as uneven ground, bad weather, or excessive distractions.
4. Establishing the Cause of the Accident
In cases where a pedestrian is hit, it’s important to remember that being involved in an accident does not necessarily mean you are guilty of DUI. Even if you were over the legal BAC limit, we can argue that the accident was not your fault. Pedestrians sometimes cross the road unsafely, ignore traffic signals, or put themselves in danger. If we can establish that the pedestrian’s actions were the primary cause of the accident, this can be a strong defense.
5. Proving a Violation of Your Rights
If your rights were violated during the investigation or arrest, that could also be grounds for a defense. Law enforcement officers must follow strict protocols when making an arrest, including advising you of your Miranda rights. Any deviation from these legal requirements may allow us to have certain evidence excluded or even get the case dismissed altogether.
Legal Ramifications of DUI Charges Involving a Pedestrian Accident
When a DUI involves a pedestrian accident, the potential penalties are more severe than a standard DUI. Let’s break down the legal consequences you could face under Florida law.
1. Standard DUI Penalties
For a first-time DUI offense without injury or death, you may face:
- A fine between $500 and $1,000
- Up to six months in jail
- License suspension for six months to one year
- Completion of a DUI education program
- Installation of an ignition interlock device for at least six months
2. Enhanced Penalties for DUI Involving Injury
If the pedestrian is injured in the accident, the penalties increase significantly. You may be charged with DUI causing serious bodily injury, which is a third-degree felony under Florida Statute § 316.193(3). This charge can result in:
- A fine of up to $5,000
- Up to five years in prison
- License revocation for at least three years
- Mandatory ignition interlock device installation
3. Vehicular Manslaughter
If the pedestrian dies as a result of the accident, the charge escalates to DUI manslaughter under Florida Statute § 316.193(3)(c)(3). This is a second-degree felony, punishable by:
- A fine of up to $10,000
- Up to 15 years in prison
- Permanent license revocation
- Restitution to the victim’s family
If you leave the scene of the accident, the charge could be upgraded to a first-degree felony, with penalties including up to 30 years in prison.
Why You Need a DUI Lawyer
Facing DUI charges involving a pedestrian accident can be an overwhelming and emotional experience. The stakes are high, and the consequences could impact your freedom, finances, and future. That’s why it’s critical to have an experienced DUI defense lawyer on your side who understands the complexities of Florida DUI law and knows how to challenge the evidence against you.
We take the time to thoroughly investigate your case, identify weaknesses in the prosecution’s evidence, and build a defense strategy that aims to reduce or dismiss the charges you’re facing. Every DUI case is unique, and we tailor our approach based on the specific circumstances surrounding your arrest.
Florida DUI Pedestrian Accident Charges FAQs
What is the difference between DUI manslaughter and vehicular homicide?
DUI manslaughter occurs when someone dies as a result of a DUI-related crash. Vehicular homicide, on the other hand, refers to causing a death while driving recklessly, without necessarily being under the influence. While both are serious charges, DUI manslaughter specifically involves driving under the influence. Both charges carry significant penalties, but the presence of alcohol or drugs elevates a case to DUI manslaughter.
Can I challenge the accuracy of a breathalyzer test in a pedestrian DUI accident case?
Yes, the accuracy of breathalyzer tests can be challenged in court. These machines require regular maintenance and proper calibration. If the device wasn’t functioning correctly or the officer administering the test wasn’t properly trained, the results could be inaccurate. Additionally, medical conditions and certain substances can sometimes lead to false readings.
Will my driver’s license be suspended if I’m convicted of DUI in a pedestrian accident?
Yes, a DUI conviction will result in the suspension of your driver’s license. The length of the suspension depends on whether the DUI involved injury or death. For a standard DUI, the suspension could last from six months to one year. However, if a pedestrian is injured or killed, your license could be revoked for several years or permanently, depending on the severity of the charges.
What are the penalties for DUI causing serious bodily injury?
If convicted of DUI causing serious bodily injury, you could face third-degree felony charges, which carry up to five years in prison, a fine of up to $5,000, and a mandatory driver’s license revocation. The court may also require you to install an ignition interlock device once your driving privileges are restored.
Can I be charged with a DUI if I wasn’t at fault for the pedestrian accident?
Yes, you can still face DUI charges even if the pedestrian was primarily at fault for the accident. However, proving that the pedestrian’s actions caused the accident can be a strong defense in your case. Your DUI lawyer can gather evidence, such as witness statements or traffic camera footage, to demonstrate that the pedestrian was acting negligently.
Call Musca Law 24/7/365 at 1-888-484-5057 for your FREE Consultation
If you’ve been charged with a DUI involving a pedestrian accident, you’re likely feeling overwhelmed by the potential consequences. Don’t face these charges 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. We serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.