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DUI With Serious Bodily Injury

Driving Under the Influence (DUI) is a serious criminal offense in Florida, and when it involves serious bodily injury, the consequences can be devastating. A DUI with serious bodily injury charge is a third-degree felony, which can result in severe penalties, including imprisonment, heavy fines, and the loss of driving privileges. The harsh penalties and tireless prosecution are why you should contact a defense lawyer immediately upon being arrested for a DUI. The attorneys at Hanlon Law have valuable experience defending the future of those accused of driving under the influence in the Kissimmee, Florida area. 


Legal Definitions


In Florida, a DUI with serious bodily injury charge is defined as an individual who operates a vehicle while under the influence of alcohol or drugs and causes serious bodily injury to another person. Serious bodily injury is defined as any injury that causes a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.


Penalties for a DUI With Bodily Injury Convictions 


A DUI with serious bodily injury charge is a third-degree felony, which carries severe penalties. If convicted, the offender can face up to five years in prison, a fine of up to $5,000, and the loss of driving privileges for at least three years. In addition to these penalties, the offender may also be required to perform community service, attend substance abuse treatment programs, and install an ignition interlock device in their vehicle.


Moreover, the offender may be held liable for any damages or injuries caused as a result of their actions. This means that they may be required to pay restitution to the victim, including medical expenses, lost wages, and pain and suffering.


Defense Strategies 


If you have been charged with a DUI with serious bodily injury in Florida, you may be able to defend yourself against the charges. The following are some of the defenses that may be available:


  1. Lack of evidence: In order to secure a conviction, the prosecution must prove beyond a reasonable doubt that you were driving under the influence and that your actions caused serious bodily injury to another person. If the evidence is insufficient or the prosecution cannot prove all the necessary elements of the offense, the charges may be dropped or reduced.
  2. Breathalyzer test inaccuracies: Breathalyzer tests are often used to measure a person's blood alcohol concentration (BAC). However, these tests can be inaccurate, and there may be issues with the way the test was administered or the equipment used. A skilled defense attorney may be able to challenge the validity of the test results and have them excluded from evidence.
  3. Medical condition: Certain medical conditions, such as diabetes or hypoglycemia, can cause symptoms that mimic the effects of alcohol intoxication. If you have a medical condition that may have contributed to your arrest, your attorney may be able to use this as a defense.
  4. Lack of causation: The prosecution must prove that your actions caused the serious bodily injury to the victim. If there is evidence that the injury was caused by something other than your actions, such as a pre-existing medical condition or a separate accident, your attorney may be able to use this to challenge the charges.


Contact a DUI Defense Lawyer to Protect Your Future


A DUI with serious bodily injury charge in Florida is a serious offense that can have life-changing consequences. If you have been charged with this offense, it is crucial to seek the assistance of an experienced criminal defense attorney who can help you navigate the legal system and mount a strong defense. With the right legal representation, you may be able to mitigate the charges, reduce the penalties, or even have the charges dropped altogether. Remember, the stakes are high, and the consequences of a conviction can last a lifetime. The lawyers at Hanlon Law are highly familiar with the various consequences of a DUI conviction and will fight to protect you from these penalties. Our Kissimmee criminal defense lawyers help drivers fight DUI charges and advocate for their futures. 


If you are facing DUI with serious bodily harm charges in Kissimmee, Florida, contact the attorneys at Hanlon Law today.

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