Felony DUI (Serious Bodily Injury)
South Florida Felony DUI Lawyers
A motorist faces many stiff penalties if he or she is convicted of driving under the influence (DUI) in Florida, but a drunk driver can face even more felony charges if he or she allegedly causes serious bodily injury to another person. The possible consequences may include not only increased fines but a much lengthier term of imprisonment with a possible mandatory minimum sentence.
The intent of the drivers in these cases is not important, as an alleged offender can be convicted even when injuries are the result of an accident. However, a prosecutor will still need to prove that a motorist was legally under the influence and that a victim suffered a serious bodily injury as a direct result of the driver’s negligence.
Palm Beach County Felony DUI Lawyer
If you have been charged with causing or contributing to causing another person’s serious bodily injury because you were allegedly driving under the influence, you need to be sure to get skilled legal representation as soon as possible. Meltzer & Bell, P.A. aggressively defends clients all over Palm Beach County, Broward County, and Miami-Dade County.
Our DUI with serious bodily injury attorneys are committed to getting the most favorable outcomes possible in these cases, and we will fight to have charges significantly reduced or possibly even dismissed. You can receive a complete evaluation of your case when you call (561) 557-8686 today to schedule a free, confidential consultation.
Florida DUI with Serious Bodily Injury Overview
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Fort Lauderdale DUI Causing Serious Bodily Injury Charges
Under Florida Statute § 316.193(3), a DUI involving serious bodily injury to another person is classified as a third-degree felony. An alleged offender can be charged with this crime if he or she:
- Was driving or in actual physical control of a vehicle
- Had a blood-alcohol content (BAC) of 0.08 or more grams of alcohol per 100 milliliters of blood, a breath-alcohol level (BAL) of 0.08 or more grams of alcohol per 210 liters of breath, or was under the influence of alcoholic beverages, any chemical substance, or any controlled substance, when affected to the extent that the person’s normal faculties were impaired
- By reason of operation of the vehicle, caused or contributed to causing serious bodily injury to another person
Florida Statute § 316.1933 defines a serious bodily injury as meaning an injury “which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.” This means that an alleged offender may be charged with this offense at a later date when certain symptoms of serious bodily injuries are not immediately apparent.
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DUI Causing Serious Bodily Injury Penalties in Palm Beach County
An alleged offender who is convicted of a DUI that causes or contributes to causing serious bodily injury can face any combination of the following punishments:
- Restitution to victim
- Community service
- Completion of a DUI program
- Installation of ignition interlock device on all vehicles owned or driven by alleged offender
- Revocation of driver’s license
- Up to five years in prison
- Fine of up to $5,000
While the statutory maximum prison sentence for a DUI causing serious bodily injury is five years, it is important to understand that this crime is considered a Level 7 offense when a prosecutor is calculating an alleged offender’s Criminal Punishment Code Scoresheet. This means that this charge carries a primary offense value of 56 points and thus makes a prison sentence mandatory. If an alleged victim’s injuries are particularly severe, it is possible that an alleged offender could face a minimum sentence of four years in prison.
Additionally, the period of time that an alleged offender’s driver’s license is suspended or revoked depends on whether he or she has been previously convicted of DUI. Under Florida Statute § 322.28(4), a person who is convicted of serious bodily injury DUI will have his or her license revoked for a minimum of three years. However, the length of revocation increases if any of the following is true about the alleged offender’s DUI causing serious bodily injury conviction:
- Within Five Years of Any Prior DUI Conviction — License revoked for minimum of five years
- Within 10 Years of Any Two Prior DUI Convictions — License revoked for minimum of 10 years
- Fourth DUI Conviction — Mandatory permanent lifetime revocation
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Florida DUI Causing Serious Bodily Injury Defenses
The seriousness of these charges makes it critical for an alleged offender to have his or her case thoroughly investigated so ever possible defense can be explored and utilized. In these types of cases, some of the possible defenses may include, but are not limited to:
- Alleged offender was not under the influence of drugs or alcohol
- Blood or breath tests were improperly conducted
- Machine errors or malfunctions relating to chemical tests
- Bodily injuries of alleged victims were not serious
- Alleged victim’s injuries were not the result of the alleged offender’s operation of the vehicle
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Meltzer & Bell, P.A. | A DUI with Serious Bodily Injury Lawyer in Fort Lauderdale
Were you arrested for a serious bodily injury DUI offense in Florida? You cannot afford to waste any time in finding legal counsel.
Meltzer & Bell, P.A. represents clients in communities throughout South Florida, including West Palm Beach, Boca Raton, Boynton Beach, Delray Beach, Wellington, Jupiter, Palm Beach Gardens, Greenacres, Lake Worth, Royal Palm Beach, Riviera Beach, and more. Call (561) 557-8686 to have our felony DUI attorneys review your case during a free, confidential consultation.
