DUI Causing Serious Bodily Injury
Driving Under the Influence Causing Serious Bodily Injury is the crime of Driving Under the Influence resulting in causing, or contributing to causing, serious bodily injury.Definition of DUI Causing Serious Bodily Injury in Florida
Driving Under the Influence (DUI) Causing Serious Bodily Injury, as defined by § 316.193(3)(c)2 and 316.193(3)(c)3, Florida Statutes, involves committing the crime of Driving Under the Influence and causing or contributing to causing serious bodily injury, including the death of a human being or an unborn child.
The State’s attorney must prove beyond a reasonable doubt that the defendant is guilty of DUI Causing Serious Bodily Injury by establishing the following three (3) elements of the crime:
(1) The defendant was driving or was in actual physical control of a vehicle; and
(2) At the time, the defendant met one or both of the following conditions:
(a) Under the influence of an alcoholic beverage, chemical substance, or controlled substance such that the defendant’s normal faculties were impaired
(b) A blood-alcohol or breath-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood or 210 liters of breath
(3) As a result of operating a vehicle while impaired, or with a blood- or breath-alcohol level of 0.08 or greater, the defendant caused or contributed to causing serious bodily injury to the victim or victimsPenalties for DUI Causing Serious Bodily Injury in Florida
A person convicted of DUI who by operating the vehicle while impaired causes, or contributes to causing, one of the following:
(1) Serious bodily injury to another commits a third degree felony punishable by a term of imprisonment not exceeding 5 years and a fine of $5,000 as provided in §. 775.082 and § 775.083, Florida Statutes.
(2) The death of any human being or unborn child commits DUI Manslaughter, and commits:
(a) A second degree felony punishable by a minimum of 4 years and up to 15 years in prison and a fine of up to $10,000 as provided in § 775.082 and § 775.083, Florida Statutes
(b) A first degree felony if at the time of the crash, the person knew, or should have known, that the crash occurred; and failed to give information and render aid, punishable by a minimum of 4 years and up to 30 years in prison and a fine of up to $10,000 as provided in §. 775.082 and § 775.083, Florida Statutes
Note: Any defendant previously convicted of any combination of two or more felonies in Florida who is subsequently convicted of another felony may be subject to enhanced penalties or a mandatory minimum prison term as provided in § 775.084.Defenses to DUI Causing Serious Bodily Injury in Florida
(1) There were no injuries or the injuries were not serious
(2) The DUI did not cause, contribute to, or substantially aggravate a pre-existing injury
(3) The other driver was at fault for the accident
(4) There was a mechanical failure of the vehicle or the vehicle’s controls
(5) There was a failure of the traffic control devices, such as malfunctioning stop lights or railroad crossing gates and flashing lightsExamples of DUI Causing Serious Bodily Injury in Florida
(1) While Driving Under the Influence, failing to yield right of way and hitting another vehicle contributing to causing the pregnant driver in the other vehicle to lose her baby
(2) While Driving Under the Influence, swerving to avoid a dog, losing control of the vehicle and jumping the curb ,and hitting a pedestrian
(3) While Driving Under the Influence, falling asleep at the wheel and running another car off the road into a treeContact Us
If you have been charged with the crime of DUI Causing Serious Bodily Injury in Broward, Palm Beach, or Miami-Dade -County, you need to speak with a criminal defense attorney right away to ensure your rights are protected. The Law Office of Sean Clayton, P.A., can help you better understand your situation and your options. Contact us today for your free consultation.