Facing DUI Charges After an Accident? Learn About the Penalties and How to Defend Your Rights
If you’ve been charged with a DUI after causing an accident that resulted in injuries, you are facing one of the most serious DUI-related charges in Florida. DUI offenses are already severe, but when an accident involving injuries occurs, the penalties are significantly harsher, and the impact on your life can be long-lasting. I have defended many individuals in your situation, and I know how overwhelming this process can be. However, with a strong defense strategy and an experienced legal team, there are ways to fight the charges or mitigate the consequences.
What Florida Law Says About DUI and Accidents Causing Injuries
In Florida, DUI charges are governed by Florida Statutes Section 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 drugs or alcohol. When a driver under the influence causes an accident that leads to bodily injury, the charges become far more severe.
Under Section 316.193(3), if an individual is convicted of DUI that results in bodily injury to another person, it is classified as a third-degree felony. A conviction can lead to a prison sentence, hefty fines, license suspension, and other significant penalties. But what exactly constitutes bodily injury? The statute defines it as any physical harm or injury to another person, which could include anything from minor injuries to serious, life-altering conditions.
Penalties for DUI with Bodily Injury
When charged with DUI resulting in injury, the stakes are much higher than a standard DUI. Here are the penalties you could face:
- Third-Degree Felony: DUI causing bodily injury is classified as a third-degree felony in Florida. This can lead to up to five years in prison, five years of probation, and fines up to $5,000.
- Driver’s License Suspension: In addition to the criminal penalties, you will face an automatic driver’s license suspension. For a conviction of DUI causing injury, Florida law mandates a minimum three-year license revocation. This can make it extremely difficult to maintain employment and manage everyday tasks.
- Mandatory DUI School and Substance Abuse Treatment: As part of the penalties, you may be required to complete DUI school, attend substance abuse treatment programs, and perform community service.
- Restitution to the Victim: In many cases, you will also be required to pay restitution to the injured party to cover their medical expenses, lost wages, or other losses related to the accident.
DUI Causing Serious Bodily Injury
If the injuries caused by the DUI are deemed to be "serious bodily injury," the penalties are even more severe. Florida law defines serious bodily injury as any injury that creates a substantial risk of death, causes permanent disfigurement, or results in the loss or impairment of a bodily function.
A conviction for DUI causing serious bodily injury elevates the charge to a second-degree felony, which can result in:
- Up to 15 years in prison,
- 15 years of probation, and
- Fines up to $10,000.
Additionally, the court may impose higher restitution amounts, and your driver’s license could be revoked for an extended period. These serious consequences make it all the more important to mount a strong defense.
Additional Penalties for DUI Involving Injuries
Beyond the statutory penalties, a DUI conviction involving injuries can lead to other significant consequences that can affect your life long after you’ve served your sentence. These include:
- Increased Auto Insurance Rates: A DUI with injury conviction will cause your auto insurance premiums to skyrocket. In many cases, you will be labeled a "high-risk" driver, and your current insurer may drop you altogether. You may be forced to purchase high-risk insurance, which can be extremely costly.
- Permanent Criminal Record: DUI offenses, especially those involving injuries, result in a permanent criminal record in Florida. This can make it difficult to find employment, secure housing, or obtain professional licenses.
- Loss of Professional Licenses: Certain professions, such as healthcare providers, educators, and commercial drivers, may lose their licenses or certifications as a result of a DUI conviction. This can result in the loss of your livelihood and long-term career consequences.
Defenses to DUI with Accident Causing Injuries
If you are facing a DUI charge involving injuries, the situation is serious, but it’s important to remember that you still have rights and options for defense. There are several potential defenses that can be raised to challenge the prosecution’s case or reduce the charges.
1. Challenging the BAC Test Results
One of the most effective ways to defend against DUI charges is to challenge the results of the BAC test. Breathalyzers and blood tests are not always reliable, and errors can occur during their administration or processing. If the breathalyzer was improperly calibrated or the blood sample was mishandled, it could result in inaccurate BAC readings.
If the accuracy of the BAC test is called into question, it could weaken the prosecution’s case and potentially lead to the charges being reduced or dismissed.
2. Questioning the Cause of the Accident
To convict you of DUI with injuries, the prosecution must prove that your impaired driving caused the accident and the resulting injuries. In some cases, even if you were impaired, the accident may have been caused by other factors, such as another driver’s actions, poor road conditions, or mechanical failures in your vehicle.
An attorney can work with accident reconstruction experts to determine the true cause of the crash. If it can be shown that you were not at fault for the accident, the charges may be reduced or dismissed.
3. Lack of Probable Cause for the Traffic Stop
Law enforcement must have probable cause to stop your vehicle and conduct a DUI investigation. If the officer did not have a valid reason to pull you over—such as observing a traffic violation or erratic driving behavior—the stop may be considered unlawful, and any evidence obtained during the stop, including BAC test results, may be inadmissible in court.
If it can be demonstrated that the stop was illegal, it could result in the dismissal of the DUI charges.
4. Proving Lack of Serious Bodily Injury
If the injuries sustained in the accident do not meet the legal definition of "serious bodily injury," the charges may be reduced. Florida law defines serious bodily injury as an injury that creates a substantial risk of death or causes permanent disfigurement or long-term impairment of a body function. If the injuries are less severe than claimed, it may be possible to have the charges reduced to a lesser offense.
How Hiring an Experienced Florida DUI Defense Attorney Makes a Difference
If you’ve been charged with DUI involving injuries, hiring an experienced Florida DUI defense attorney can make all the difference in how your case is handled and its ultimate outcome. Here’s how:
Personalized Attention and Defense Strategy
Every DUI case is unique, and an experienced defense attorney will take the time to thoroughly review the details of your case and develop a personalized defense strategy. This may involve challenging the evidence, questioning the legality of the traffic stop, or negotiating with the prosecutor to reduce the charges.
Knowledge of the Legal System
An experienced DUI defense attorney understands the complexities of Florida DUI law and knows how to navigate the court system. They can identify weaknesses in the prosecution’s case, file motions to suppress evidence, and negotiate with prosecutors to secure favorable plea deals. In some cases, they may be able to negotiate a reduction in charges from a felony DUI to a misdemeanor, which can significantly reduce the penalties you face.
Access to Expert Witnesses
A DUI defense attorney has access to expert witnesses who can provide critical testimony in your case. For example, accident reconstruction experts can help establish the true cause of the accident, while medical experts can provide evidence regarding the severity of the injuries. These experts can play a crucial role in building a strong defense.
Negotiating Charge Mitigation
Even if the evidence against you seems overwhelming, an experienced attorney can work to mitigate the charges and penalties. They may negotiate with the prosecution for a reduced charge, such as reckless driving or DUI without injury, which carries lesser penalties. Charge mitigation can also include negotiating for alternatives to jail time, such as probation, community service, or participation in a substance abuse treatment program.
Protecting Your Record and Future
A DUI conviction, especially one involving injuries, can have long-term consequences for your criminal record, driving privileges, and career. An experienced attorney will work to protect your future by fighting for a reduction or dismissal of the charges and minimizing the impact on your record.
Florida DUI With Bodily Injury Defense FAQs
What is the difference between DUI with bodily injury and DUI with serious bodily injury?
The key difference is the severity of the injuries. DUI with bodily injury is a third-degree felony, while DUI with serious bodily injury is a second-degree felony. Serious bodily injury is defined as any injury that creates a substantial risk of death, causes permanent disfigurement, or results in the loss of function of a body part or organ. The penalties for DUI with serious bodily injury are much more severe, including up to 15 years in prison.
Can I fight DUI charges if the breathalyzer results were over the legal limit?
Yes, breathalyzer results are not always accurate, and there are many factors that can affect their reliability. For example, improper calibration, maintenance issues, or operator error can lead to incorrect readings. An experienced DUI defense attorney can investigate the circumstances surrounding the breathalyzer test and challenge the accuracy of the results in court.
How long will my driver’s license be suspended for a DUI with injury conviction?
If you are convicted of DUI causing bodily injury, Florida law mandates a minimum three-year license suspension. However, depending on the circumstances of your case, you may be eligible to apply for a hardship license after a certain period, which would allow you to drive for limited purposes, such as work or medical appointments.
Can a DUI causing injury charge be reduced to reckless driving?
In some cases, it may be possible to negotiate a reduction of DUI causing injury charges to reckless driving. This is more likely if there are weaknesses in the prosecution’s case or if it can be demonstrated that your impairment was not the primary cause of the accident. A reduction to reckless driving can result in lower fines, less jail time, and fewer long-term consequences for your criminal record.
What happens if I refuse a blood test after a DUI accident involving injuries?
Florida’s implied consent law requires drivers to submit to chemical testing if law enforcement suspects DUI. If you refuse a blood test after an accident involving injuries, your driver’s license will be automatically suspended for at least one year, and your refusal can be used as evidence against you in court. Additionally, law enforcement can obtain a warrant to compel a blood test in cases involving serious injuries.
Call Musca Law 24/7/365 at 1-888-484-5057 for your FREE Consultation!
If you or someone you know has been charged with DUI causing injuries in Florida, the consequences are severe, but there are ways to defend your rights and reduce the penalties. Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation. Musca Law, P.A. has a team of experienced Florida 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.