DUI w/ Serious Bodily Injury

If you get into an accident that results in the serious injury of another person while you are intoxicated, you may be liable for felony penalties under state law. This is because Florida, like many other states, seeks to punish irresponsible behavior like drinking and driving.

However, you may find yourself falsely accused of being intoxicated after an accident.

Brevard County Serious Bodily Injury DUI Attorney

DUI charges are life-altering, and being charged with causing serious injury while drunk can have devastating consequences up to years in prison, thousands of dollars in fines and license revocation.

If you or a loved one have been charged with a DUI you need to contact an experienced DUI defense attorney immediately.

Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County.

Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.

What is Felony DUI with Serious Bodily Injury?

According to Florida Statutes Section 316.193(3)(c)2, to convict someone of felony DUI with serious bodily injury, the prosecutor must prove:

1. Driving Under the Influence: The person was driving or in control of a vehicle and was impaired by alcohol, drugs, or had a blood-alcohol level of 0.08 or higher.
2. Operation of a Vehicle: The person was operating the vehicle at the time of the incident.
3. Causing Serious Bodily Injury: The person’s operation of the vehicle directly caused or contributed to causing serious bodily injury to another person. A “serious bodily injury” poses a significant risk of death, results in serious permanent disfigurement, or causes long-term loss or impairment of a bodily function.

In DUI cases involving serious bodily injury or death, law enforcement officers may use reasonable force to obtain a blood sample from the offender. This action has to be carried out by authorized medical personnel, and the results of the blood test can be used as evidence in court.

DUI with serious bodily injury is treated the same as a fourth or subsequent offense DUI.

What Are the Penalties for Felony DUI with Serious Bodily Injury?

DUI Offender Release Conditions

Individuals arrested for DUI offenses will only be released if they meet specific conditions. The offender must no longer be under the influence, and their faculties must be back to normal. The offender’s blood or breath alcohol content must be lower than 0.05, or at least eight hours must pass since the time of the arrest.

Other Potential Consequences

• Probation with Mandatory Conditions: Instead of serving time in jail, a person convicted of Felony DUI may be placed on probation. During this probation period, the individual must comply with specific conditions, such as attending a substance abuse treatment program, reporting regularly to a probation officer, and completing community service hours. Failure to comply with these conditions may result in incarceration.
• Substance Abuse Treatment Programs: The court may order the individual to participate in a residential substance abuse treatment program instead of or in addition to jail time. Time spent in these programs may count toward the overall sentence, reducing the need for incarceration. The program must address the underlying issues of alcohol or drug abuse that contributed to the DUI offense.
• Community Service: As part of the sentence, the court may require the individual to complete a certain number of community service hours. This service must be performed in a manner that benefits the community and is often combined with probation to avoid jail time.
• Ignition Interlock Device Requirement: For a person convicted of Felony DUI, the court may require the installation of an ignition interlock device on any vehicle they operate. This device prevents the vehicle from starting if alcohol is detected on the driver’s breath. The requirement to install and maintain this device can be an alternative to incarceration.
• Vehicle Impoundment or Immobilization: Another consequence is the impoundment or immobilization of the individual’s vehicle. This means the person cannot operate a vehicle during this time, reducing the risk of further offenses.
• Mandatory Participation in a Qualified Sobriety and Drug Monitoring Program: The court may order participation in a program that regularly tests for alcohol and drug use. This program can include methods like daily breath tests or random drug tests. Compliance with this program can serve as an alternative to jail.
• Restitution to Victims: The court may order the individual to pay restitution to the victims of the DUI-related injury. This payment is meant to cover the victims’ medical expenses, property damage, and other related costs. Restitution may be part of a probation sentence, avoiding the need for incarceration.

What Are Potential Defenses in Felony DUI with Serious Bodily Injury Cases?

• Questioning Impairment: The defense may argue that the driver was not actually impaired at the time of the accident. This can be supported by questioning the accuracy of the breathalyzer or blood tests, or by presenting evidence that the driver’s behavior did not indicate impairment.
• Disputing the Cause of the Injury: Another defense is to argue that the defendant’s impaired driving did not cause the serious bodily injury. If there is evidence that external factors (such as the victim’s actions or a third party’s negligence) caused or contributed significantly to the injury, the defense could assert that the defendant’s impaired driving was not the proximate cause of the injury.
• Challenging the Seriousness of the Injury: A key element of a felony DUI with serious bodily injury is proving that the victim suffered a “serious bodily injury. The defense can argue that the injuries sustained by the victim do not meet this legal threshold.
• Improper Testing Procedures: The defense may challenge the procedures used in testing blood or breath alcohol levels. If the equipment was not properly maintained or calibrated, or if the test was not administered correctly, the results could be invalid.
• Medical Conditions: Some medical conditions can mimic signs of intoxication, such as slurred speech or unsteady movement. The defense may argue that the driver’s behavior was because of a medical issue rather than intoxication.
• No Actual Physical Control: If the driver was not actually in control of the vehicle at the time of the incident, such as if the vehicle was parked, the defense may argue that the driver was not operating the vehicle while impaired.
• Unreliable Witnesses: The defense may question the reliability of witnesses who claimed the driver was impaired. Witnesses may be mistaken, biased, or have poor memories of the event.
• Violation of Rights: If the driver’s rights had been violated during an arrest, such as through an unlawful search or seizure, the defense may argue that evidence obtained as a result should be excluded.
• Involuntary Intoxication: The defense may claim that the driver was unknowingly intoxicated, such as if someone spiked their drink without their knowledge. This could negate intent or knowledge of impairment.

How Can a Felony DUI Attorney Help Me?

If you’re facing a felony DUI charge with serious bodily injury, you’re likely feeling overwhelmed. The consequences of this charge can be severe, but a lawyer can help guide you through the legal process and work to protect your rights.

First, your lawyer will help you understand the specific charges against you and what they mean. This is crucial, as a felony DUI with serious bodily injury is a serious offense that can lead to long-term penalties. Your lawyer will explain the potential outcomes and what to expect as your case progresses.

Your lawyer will also work to gather and review all the evidence related to your case. This includes police reports, witness statements, and any other relevant information. They will examine this evidence carefully to determine the best way to approach your defense.

Additionally, a lawyer will handle all communication with the court and other parties involved in your case. This helps ensure that your side of the story is heard and that your rights are respected throughout the legal process.

In court, your lawyer will stand by your side, advocating on your behalf. They will work to present your case in the best possible light and challenge any evidence or testimony that could harm your defense.

Lastly, a lawyer will help you understand your options. Whether it’s negotiating a plea deal, preparing for trial, or considering other legal options, they will help you make informed decisions about your case.

Frequently Asked Questions

Can my driver’s license be suspended before a trial for Felony DUI with Serious Bodily Injury?
The offender’s driver’s license could be revoked for 3 or more years. This revocation is mandatory and separate from any other penalties such as imprisonment or fines. After the 3-year revocation period, the offender may apply to have their driving privileges restored, but reinstatement is not automatic.

Can I get a restricted or hardship license if convicted of Felony DUI with Serious Bodily Injury?
If convicted of Felony DUI with Serious Bodily Injury, obtaining a hardship license may be possible, but it typically requires the installation of an ignition interlock device and completing certain conditions like a substance abuse treatment program.

Is a plea bargain possible for Felony DUI with Serious Bodily Injury?
Plea bargains are possible in Felony DUI cases, but they depend on the circumstances, such as the severity of the injury and prior criminal history. Prosecutors may be more likely to offer a plea deal in exchange for a guilty plea to lesser charges or reduced penalties.

Additional Resources

Florida Statutes Section 316.193 – This law outlines the penalties for driving under the influence (DUI) in Florida. It establishes that a person can be charged with DUI if they are found driving with a blood-alcohol level of 0.08 or higher, or if their faculties are impaired by alcohol or drugs. Penalties escalate with repeat offenses and can include fines, imprisonment, mandatory use of an ignition interlock device, and vehicle impoundment. Enhanced penalties apply if the DUI results in property damage, injury, or death.

Florida Statutes Section 316.1933 – This law requires blood tests for impairment in cases involving serious bodily injury or death. If law enforcement has probable cause to believe a DUI caused such harm, they may compel a blood test using reasonable force if necessary. The results are admissible in court but cannot be used in prosecutions for drug possession found during the test.

Alcohol-Impaired Driving – This report by the National Highway Traffic Safety Administration (NHTSA) provides data on alcohol-impaired driving in the U.S. for 2022. It highlights that 32% of all traffic fatalities involved an alcohol-impaired driver. The report includes statistics on the demographics of impaired drivers, the economic impact of crashes, and the time and circumstances of these incidents. It also points out the higher risk of fatal crashes at night and the prevalence of impairment among motorcycle riders.

State Alcohol-Impaired-Driving Estimate – This NHTSA report offers a state-by-state analysis of alcohol-impaired driving fatalities in 2022. It reveals significant variations in alcohol-impaired driving rates across states, with Rhode Island and South Carolina showing the highest percentages of alcohol-related traffic deaths. The report also discusses the challenges in comparing states because of differing testing rates and the influence of factors like population demographics and vehicle types. The data includes estimates for fatalities, driver involvement, and testing results across all states.

Hire a Felony DUI Attorney in Brevard County, FL

If you or a loved one have been charged with a serious bodily injury DUI you need to contact an experienced DUI defense attorney immediately.

Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County.

Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.