The Law in Plain English – Boca Raton ➔ Boynton ➔ West Palm Beach ➔ Jupiter’s Top Criminal Lawyer Joshua LeRoy, ESQ. on:DUI Causing Serious Injury or Death – F.S. 316.193
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A DUI Causing Serious Injury or Death is a Felony DUI. However, drinking and driving is not illegal. Driving under the Influence is not against the law. A person is allowed to drink alcohol and then drive a car. Why do you think bars have parking lots? What is illegal, however, is Driving Under the Influence or DUI when your normal facilities are impaired by alcohol or drugs. Normal facilities “include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives.” Fla. Standard Jury Instruction 28.1.
Driving under the Influence or DUI is a crime capable of being committed by anyone. The problem with DUI is that when drinking alcohol a person loses the ability to properly gage their own level of sobriety. Therefore when drinking we don’t realize that a couple glasses of wine with dinner, a few beers at the bar after work, or a couple drinks at a BBQ can push our blood alcohol content past the legal limit of 0.08. That is why DUI arrests are so common. No one intends to commit a DUI. It is a crime of poor judgement. Very good people, who have no inclination to ever commit a crime, can make the bad decision to drive after drinking 1 drink too many. In fact, just recently a series of judges were arrested and charged with DUI.
I understand that good people make mistakes. I also believe that police make mistakes in making DUI arrests. I believe that a bad choice by a client or a mistake by an officer should not impact a client’s entire life. While DUIs are punishable by incarceration, most first time offenders, assuming that they did not cause an accident, have a minor in the car, did not have a blood alcohol content of over 0.15, nearly twice the legal limit, and did had a valid driver’s license at the time of the offense, are offered probation. However, probation for a DUI is one of the most costly and labor intensive. There are a lot of conditions that usually go with DUI probation.
To date, I have handled hundreds of DUI cases. I have tried many many DUI cases, routinely with favorable results for the client. I have filed and argued many Motions to Suppress Evidence in DUI cases. Furthermore, I have negotiated many plea agreements to lessor charges, including Reckless Driving.
A recent DUI trial involved a client which came to me after paying another attorney a significant amount of money. He was unhappy with the representation he was receiving. He had been arrested for DUI and Driving without a License. He felt that the other attorney was very positive about the facts of the case until the client made the final payment. Once the final payment was made, the attorney began encouraging the client to take a plea. Thereafter, I was retained. I filed and argued a Motion to Suppress. Following the Motion hearing, a jury trial was held. The Driving without a License charge was dismissed by the Judge during the trial for lack of evidence, and the jury returned a verdict of Not Guilty to the DUI.
I don’t believe that I caused the accident, or their injury. Can I still be charged?
Whether you caused the accident or not, if you contributed to another’s injury while under the influence, which is enough for a DUI with serious bodily injury charge. It is not needed to be proved that you were the cause of the traffic accident.
What does my BAC need to be in order to be charged with DUI with serious bodily injury?
Your blood alcohol level needs to be .08% or higher in order to be charged.
What does “serious bodily injury” consist of?
Serious injury can cause the victim a risk of death, disfigurement, or impairment of their body or an organ in their body.
Is DUI causing injury a felony?
Yes, and there are varying degrees of the felony, depending on how injured the victim is.
If you, or someone you know, have been charged with DUI Causing Serious Injury / Death in Palm Beach County (from Boca Raton, Boynton Beach, Delray Beach, Lake Worth, West Palm Beach and up to Jupiter), or any of the surrounding areas use the form below to drop me a note. Let me know a bit about yourself, what’s happened, and a good time to contact you.
-Joshua LeRoy, Esq.
Criminal Defense Attorney Joshua LeRoy, Esq. is dedicated to providing his clients with personalized, honest, and aggressive representation in any and all areas of criminal law in West Palm Beach, Boca Raton, Boynton Beach, Lake Worth, Delray Beach & the surrounding areas of Palm Beach County in the State of Florida.
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