A review of 5 KEY topics You MUST Know by ➪ Boca Raton ➪
West Palm Beach DUI Attorney Josh LeRoy on:

DUI with Injury and Impaired Driving Causing Death

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If you, or someone you care about, has been arrested for driving under the influence in which another person has been seriously injured, the starting point of your defense is educating yourself.

How does Florida law define DUI with Injury?

In every criminal prosecution, assistant state attorneys must prove what the law calls the “elements” of the alleged crime. “Elements” is just a fancy legal word meaning “facts.”

When prosecuting a driver for allegedly driving under the influence in which a person has been seriously injured, the prosecutor must prove each of the following three facts beyond a reasonable doubt:

1. (1)   The person accused was operating, or was in actual physical control, of a car, truck, boat, or plane;
2. (2)   At the time, the driver was so under the influence of alcoholic beverages, or drugs, that either (A) his normal faculties were impaired, or (B) the level of alcohol in his system, based on a breath, urine, or blood test, was .08 or higher;
3. (3)   As a consequence of operating the vehicle, the driver caused or contributed to causing serious bodily injury to another.

The Florida statute that discusses the offense is 316.193(3).

How does Florida law define “serious bodily injury”?

 Florida law defines “serious bodily injury” as “a physical condition which creates:

1. [A] a substantial risk of death
2. [B] serious personal disfigurement or
3. [C] protracted loss or impairment of the function of any bodily member or organ.”

You can find this definition under Florida statute number 790.155.

What are the penalties a person faces if convicted of DUI with injury?

 Florida law classifies DUI with serious bodily injury as a third-degree felony.

That means if a person is convicted of the crime, he or she could be sentenced to a term of imprisonment or probation (or a combination thereof) up to five years.

A conviction also carries a fine of up to $5,000. In addition, the driver may have to pay restitution to the victim for his or her financial losses.

Other penalties include revocation of the driver’s license for at least three years, impoundment of his or her vehicle, mandatory evaluations for substance abuse and psychological well-being, and mandatory classes in DUI education.

But the harshest part of the penalty is that, under Florida’s Criminal Punishment Code, if the victim’s injuries are “severe,” the court may be forced to sentence the driver to serve more than four years in prison.

What are some defenses for a driver charged with DUI with injury?

Practicing law in Florida requires three years of intense study of the law and licensing by the State. And defending DUI cases in Florida requires accumulating experience trying cases in the courtroom.

Consequently, do not, as a layperson, make the mistake of jumping to the conclusion that you have no defense to the charges you are facing. You can review some of the defenses available to a driver charged with DUI, or DUI with serious bodily injury, in our DUI Resource Center.

But ultimately, it is only by carefully discussing the facts and circumstances of your arrest with a criminal defense lawyer that you will be able to thoroughly understand how to best defend your case.

 

-Joshua LeRoy

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West Palm Beach DUI Attorney Joshua LeRoy, Esq. is dedicated to providing his clients with personalized, honest, and aggressive representation in any areas of criminal law in West Palm Beach, Boca Raton, Boynton Beach, Lake Worth, Delray Beach, Jupiter & the surrounding areas of Palm Beach County in the State of Florida.