Understanding DUI with Serious Bodily Injury

A charge of driving under the influence (DUI), especially a bodily injury DUI, may be a misdemeanor or felony offense. Typically, a defendant’s first DUI charge is a misdemeanor criminal charge; however, when the driver who was allegedly under the influence of alcohol strikes another person and causes a serious bodily injury, the offense becomes a severe third-degree felony. 

A felony DUI charge can have drastic effects on a defendant’s life, even if there is never a conviction. Working with a DUI defense lawyer is critical to mitigating these effects.

Felony DUI Charges in Florida

Felony DUI charges are the most severe DUI charges possible. There are three instances in which a DUI may be a felony charge:

1. A defendant’s third or subsequent DUI within ten (10) years
2. A DUI that involved injury to another person
3. A DUI that resulted in death

A felony conviction may lead to a lengthy prison sentence and/or term of probation, steep fines, and other penalties. Above all, being branded as a felon in Florida may limit your civil rights and opportunities. If you are facing a felony DUI charge, such as DUI with serious bodily injury, your case may benefit significantly from having an experienced criminal defense attorney involved as early as possible.

Elements of DUI with Serious Bodily Injury

The Florida Statutes explain DUI with serious bodily injury in section 316.193(3) under Florida law. The prosecutor in a DUI with serious bodily injury case must prove three facts beyond a reasonable doubt. These are:

1. The defendant drove or was in actual physical control of a vehicle;
2. While driving or in actual physical control of a vehicle, was driving under the influence of alcohol to the extent that his normal faculties were impaired or his BAC was at 0.08 or above (per se DUI); and
3. As a result of operating the vehicle, the defendant caused or contributed to a serious bodily injury.

If a prosecutor cannot establish all of the above elements beyond a reasonable doubt, there can be no conviction.

Describing a “Serious Bodily Injury”

A “serious bodily injury” is defined in section 316.1933(1)(b) of the Florida Statutes as an injury to any person, including the driver, which consists of a physical condition that creates a substantial risk of:

• Death
• Serious personal disfigurement
• Protracted loss or impairment of the function of any bodily member or organ

Possible Penalties for DUI with Serious Bodily Injury

As a third-degree felony charge, DUI with serious bodily injury carries a primary offense point value that significantly impacts sentencing, with a maximum penalty of five (5) years in a Florida state prison and/or probation and a fine of up to $5,000. It’s important to know that, if you are convicted, the court will impose a sentence pursuant to a sentencing score sheet.

The Florida Criminal Punishment Code considers DUI with serious bodily injury a level 7 offense, meaning that, depending on the facts of your case, your charges could receive enough sentencing points upon a conviction that will lead to a minimum mandatory prison sentence of four years and three months in a Florida state prison.

Those facing charges for DUI with serious bodily injury may also be the target of a civil lawsuit for damages victims suffered. Your defense lawyer should be able to help you resolve these issues alongside your civil attorney so that your criminal case is taken into consideration.

Enhanced Penalties and Aggravating Factors

Enhanced penalties and aggravating factors play a significant role in determining the severity of the sentence for a DUI with serious bodily injury conviction. These factors can significantly increase the penalties, including imprisonment, fines, and other consequences.

Aggravating factors that can lead to enhanced penalties include:

• Prior DUI convictions: A history of DUI offenses can lead to increased penalties, as it indicates a pattern of reckless behavior. Repeat offenders are often subject to harsher sentences to deter future violations.
• Presence of minors in the vehicle: If minors were present in the vehicle at the time of the DUI incident, it can be considered an aggravating factor. This is because it poses a heightened risk to vulnerable passengers, and the law takes a stern view of endangering children.
• BAC level significantly above the legal limit: If the defendant’s Blood Alcohol Concentration (BAC) level is found to be significantly above the legal limit of 0.08, it can be considered an aggravating factor. A higher BAC level indicates severe impairment and a greater potential for causing harm.
• Serious bodily injury: The severity of the injuries sustained by the victim can also be considered an aggravating factor. Injuries that result in a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of bodily functions reflect the gravity of the offense.

In addition to these aggravating factors, the court may also consider other circumstances, such as the defendant’s cooperation with law enforcement, their demeanor during the arrest, and their overall character. These factors can influence the severity of the sentence and the imposition of enhanced penalties.

Steps to Take Following an Arrest for DUI with Serious Bodily Injury

Being arrested for a DUI that involves serious bodily injury charges can be a terrifying and confusing experience. Knowing the steps to take immediately following your arrest significantly influences the outcome of your case. Here are essential actions to consider if you find yourself in this situation:

1. Remain calm and cooperative: During the arrest, it’s crucial to stay calm and follow the officer’s instructions. Resisting arrest or becoming confrontational can lead to additional charges and negatively impact your case.
2. Exercise your right to remain silent: It’s advisable to exercise your right to remain silent. Decline to answer questions about the incident without your attorney present. Anything you say can and will be used against you in court.
3. Contact a DUI defense attorney: As soon as you are able, contact a skilled DUI defense attorney who specializes in cases involving serious bodily injury charges. A criminal defense attorney will provide crucial guidance and start building a defense strategy immediately.
4. Document everything: If possible, write down everything you remember about the incident and the arrest, including the time, location, what was said, and any actions taken by the police. This information can be vital to your defense.
5. Request a bond hearing: If you are taken into custody, request a bond hearing to determine if you may be released while awaiting trial. Your attorney may argue on your behalf for reasonable bond conditions.
6. Avoid discussing Your case: Do not discuss your case with anyone other than your attorney. This includes conversations in jail (which may be recorded) and with family or friends.
7. Prepare for the next steps: Work closely with your attorney to prepare for upcoming legal proceedings. This will likely include pre-trial conferences, motion hearings, and possibly a trial. Your criminal defense attorney may guide you through these steps and what to expect at each stage.
8. Comply with all pretrial conditions: If you are released from custody, make sure to comply with all conditions set by the court, such as not driving or consuming alcohol. Violating these conditions can result in immediate arrest and can complicate your defense.

Taking these steps help protect your rights and improve your chances of a favorable outcome. An attorney will be able to navigate the complexities of DUI law and advocate effectively on your behalf.

Role of Expert Witnesses in DUI Cases

In DUI cases involving serious bodily injury, expert witnesses play a decisive role in shaping the defense strategy and influencing the outcome of the trial. These professionals bring specialized knowledge that can challenge the prosecution’s evidence and provide alternative interpretations of the data.

Here are some of the key types of expert witnesses used in DUI cases and the roles they typically play:

1. Forensic toxicologists: These experts specialize in the effects of alcohol and drugs on the human body. A forensic toxicologist can provide critical insights into whether the blood alcohol content (BAC) results were accurate and what the physiological effects of the reported BAC level might have been at the time of the incident.
2. Accident reconstruction specialists: These experts analyze the mechanics of the accident to determine how and why it occurred. They can help establish whether factors other than the defendant’s alleged impairment might have been the primary cause of the accident, such as road conditions, vehicle malfunctions, or actions of other drivers.
3. Medical experts: In cases where serious injuries are involved, medical experts can evaluate the nature and extent of the injuries sustained. They can provide testimony on whether the injuries could be consistent with the type of accident described, or if they might have been pre-existing or aggravated by other non-related factors.
4. Breathalyzer and field sobriety test specialists: Experts in this field can testify about the potential flaws and inaccuracies in the administration and interpretation of breathalyzer and field sobriety tests. They can discuss the scientific limitations of these tests and any deviations from standard procedures that could have affected the results.
5. Psychologists or psychiatrists: These professionals might be called upon to discuss the mental state of the defendant at the time of the incident, particularly if the defense involves claims of mental duress or incapacity.
6. Chemical engineers or technical experts: If there is a dispute over the chemical analysis of the blood or breath samples, these experts can examine the methodology and equipment used in the testing process to identify any technical errors or reasons for inaccurate readings.

The strategic use of expert witnesses can provide a more comprehensive understanding of the evidence and offer a defense narrative that counters the charges effectively. By dissecting the prosecution’s claims through scientific and technical analysis, these experts can introduce reasonable doubt about the defendant’s guilt, potentially leading to a more favorable outcome in the case.

Common Defense Strategies in DUI with Serious Bodily Injury Cases

Defending against a charge of DUI with serious bodily injury requires a robust and comprehensive legal strategy. Given the severity of the charges and the potential penalties involved, knowing common defense strategies that may be employed to challenge the prosecution’s case is essential. Here are some of the most effective defenses in these cases:

1. Challenging the accuracy of BAC testing: Breathalyzer and blood tests are common methods for determining blood alcohol content, but they are not infallible. Defense may focus on calibration errors, improper handling and administration of the tests, or the presence of substances that could result in false positives.
2. Questioning the field sobriety test procedures: The validity of field sobriety tests can be contested based on the conditions under which they were performed, the subjective interpretation of the results by the officer, or the physical condition of the defendant that might affect their performance (such as disabilities or injuries unrelated to alcohol consumption).
3. Disputing causation of injury: A key element is proving that the defendant’s impaired driving directly caused the injuries. Defense strategies may involve presenting evidence that the injuries were not caused by the collision or were exacerbated by other factors independent of the defendant’s actions.
4. Procedural errors in the arrest process: If law enforcement failed to adhere to the proper legal procedures during the arrest, during the gathering of evidence, or while administering tests, these errors can be grounds for dismissing or reducing charges. This might include violations of the defendant’s rights or failure to follow the required protocols.
5. Witness testimonies and expert opinions: The defense may call upon witnesses who can attest to the defendant’s sobriety or behavior prior to the arrest, as well as expert witnesses who can critique the methods and conclusions of the prosecution’s evidence.
6. Demonstrating lack of impairment: Evidence such as video from the scene, witness statements, or the defendant’s own testimony may be used to show that the defendant was not impaired at the time of the incident.
7. Alternative explanations for the accident: The defense might argue that the accident was caused by external factors such as mechanical failures, or actions of another driver, rather than the impairment of the defendant.
8. Addressing prior convictions: If the defendant has a prior serious felony conviction, the defense may need to address how this impacts the current charges and sentencing points.

These strategies require thorough preparation and a deep understanding of both the law and the specifics of the case. A seasoned DUI defense attorney will assess all available evidence to determine the most appropriate defenses for their client’s unique situation.

The Importance of an Experienced DUI Defense Attorney

When facing a DUI with a serious bodily injury charge, it is crucial to have an experienced DUI defense attorney who can navigate the complexities of the case and advocate for the best possible outcome. An experienced attorney can:

• Evaluate the case and develop a strategy: An experienced attorney can assess the strengths and weaknesses of the case, identify potential defenses, and develop a strategy to challenge the prosecution’s evidence. This involves a thorough review of all available evidence, including BAC test results, witness statements, and accident reports.
• Negotiate with prosecutors: An experienced attorney can negotiate with prosecutors to reduce the charges or secure a more favorable plea deal. This can be particularly important in cases where the evidence against the defendant is strong, and a plea deal may result in a lesser sentence.
• Represent the defendant in court: An experienced attorney can represent the defendant in court, presenting evidence, cross-examining witnesses, and advocating for the defendant’s rights. Effective courtroom representation can make a significant difference in the outcome of the case.

Having an experienced DUI defense attorney can make a significant difference in the outcome of the case, as they can provide guidance, support, and representation throughout the legal process.

Evaluating the Case and Developing a Strategy

Evaluating the case and developing a strategy is a critical step in defending against a DUI with serious bodily injury charge. An experienced attorney can:

• Review the evidence: An experienced attorney can review the evidence collected by law enforcement, including BAC test results, witness statements, and accident reports. This review is essential to identify any inconsistencies or weaknesses in the prosecution’s case.
• Identify potential defenses: An experienced attorney can identify potential defenses, such as challenging the validity of BAC tests or arguing that the defendant was not impaired at the time of the accident. Other defenses might include questioning the accuracy of field sobriety tests or disputing the causation of the injuries.
• Develop a strategy: An experienced attorney can develop a strategy to challenge the prosecution’s evidence, present alternative theories of the case, and advocate for the defendant’s rights. This strategy may involve calling expert witnesses, presenting evidence of procedural errors, or demonstrating that external factors contributed to the accident.

By evaluating the case and developing a strategy, an experienced attorney can provide a strong defense against the charges and work towards achieving the best possible outcome.

Long-Term Consequences of a DUI Serious Bodily Injury Conviction

A DUI with serious bodily injury conviction can have long-term consequences that extend beyond the immediate penalties. These consequences can include:

• Impact on driving privileges: A DUI with a serious bodily injury conviction can result in the suspension or revocation of the defendant’s driver’s license. This can make it difficult to commute to work, school, or other essential activities, significantly impacting daily life.
• Career prospects: A DUI with a serious bodily injury conviction can also impact career prospects, as it can be considered a felony offense. This can make it difficult to secure employment, especially in fields that require a clean driving record or a background check. Employers may view a felony conviction as a sign of unreliability or risk.
• Insurance rates: A DUI with serious bodily injury conviction can also lead to increased insurance rates. Insurance companies view individuals with a DUI conviction as high-risk drivers, which can result in significantly higher premiums.
• Personal relationships: A DUI with serious bodily injury conviction can also strain personal relationships. Friends and family may view the conviction as a sign of reckless and irresponsible behavior, leading to strained or damaged relationships.

By understanding the long-term consequences of a DUI with serious bodily injury conviction, individuals can better appreciate the importance of seeking experienced legal representation and working towards achieving the best possible outcome.

Impact on Driving Privileges and Career Prospects

A DUI with serious bodily injury conviction can have a significant impact on driving privileges and career prospects. The suspension or revocation of the defendant’s driver’s license can make it difficult to commute to work, school, or other essential activities. Additionally, a DUI with serious bodily injury conviction can be considered a felony offense, making it difficult to secure employment, especially in fields that require a clean driving record or a background check.

Employers often conduct background checks as part of the hiring process, and a felony conviction can be a major red flag. This can limit job opportunities and make it challenging to advance in one’s career. Furthermore, certain professional licenses may be revoked or denied due to a felony conviction, further restricting career options.

By understanding the impact of a DUI with serious bodily injury conviction on driving privileges and career prospects, individuals can better appreciate the importance of seeking experienced legal representation and working towards achieving the best possible outcome.

Contact a Palm Beach County DUI with Serious Bodily Injury Defense Lawyer

A charge of driving under the influence causing serious bodily injury is one of the most harshly persecuted DUI offenses in Florida. Individuals facing such charges are strongly recommended to hire an experienced and strong-willed lawyer who has a successful track record defending those accused of severe DUI offenses.

Criminal Defense Attorney Brian P. Gabriel of The Law Office of Gabriel & Gabriel has over 30 years of experience practicing criminal and DUI defense in Palm Beach County and surrounding areas, understanding the primary offense point value and its impact on sentencing. He takes a client-first approach that ensures his clients know the status of their cases at all times. He will handle your case using all the knowledge and skills developed over the span of his career. Start with a free consultation today by calling (561) 622-5575. You can also complete an online contact form to learn more.