DUI Causing Serious Bodily Injury

---

Driving under the influence (DUI) in Florida is a significant issue that impacts not only law enforcement but the entire community. The high prevalence of DUI incidents in the Sunshine State leads to property damage, injuries, and tragically, loss of life. Of particular concern are DUI offenses resulting in serious bodily injury, highlighting the dangers posed by impaired drivers to public safety. These incidents do not just represent hypothetical risks but real, often irreversible harm inflicted on individuals. Judges take these matters very seriously and the consequences, often involving mandatory incarceration, can be dire. Engaging a DUI lawyer early in the process is vital to developing a strategy, preserving evidence, and mitigating consequences.

The focus on DUI offenses causing serious bodily injury stems from the substantial physical and emotional trauma experienced by victims. These crimes are considered more egregious due to their severe impact on another's well-being, leading Florida law to treat them with heightened severity. The gravity of causing bodily harm while driving under the influence elevates the offense to a more serious category, emphasizing the responsibility drivers have to avoid such dangerous behavior.

Under Florida State Statute § 316.193(3)(c)(2), the law explicitly condemns this conduct. The statute defines and prosecutes DUI with serious bodily injury, outlining the associated penalties. Committing this offense involves operating a vehicle while impaired by alcohol or substances to the extent that normal faculties are affected, resulting in serious bodily injury to another individual.

The term 'serious bodily injury' legally encompasses injuries that pose a risk of death, serious disfigurement, or impairment of bodily organ function. This precise definition underscores the severity of the harm and the law's strict view of such consequences. The statute reflects the community's acknowledgment that DUI is not only a personal risk but a dangerous threat to others' safety and well-being.

This legal provision is not just punitive but serves as a deterrent, signaling Florida's commitment to safeguarding its citizens from the severe impacts of impaired driving. It indicates the state's serious approach to road safety and citizen protection. By upholding the importance of life and physical well-being, the statute shapes how DUI-related offenses are addressed and contributes to the legal discourse surrounding these crimes in Florida.

In Florida, the offense of DUI with Serious Bodily Injury is a significant escalation from standard DUI charges, amplifying the severity of consequences already associated with impaired driving offenses. Fundamentally, a standard DUI charge in Florida prohibits individuals from operating a motor vehicle if their normal faculties are compromised by substances like alcohol, prescription drugs, or illicit substances. This impairment is quantitatively measured through blood alcohol content (BAC), with a level of 0.08 percent or higher constituting a legal offense. This measurable threshold provides law enforcement with a definitive indicator of intoxication that can be verified through chemical testing.

When it comes to Serious Bodily Injury within the Florida legal framework, the criteria are closely defined. Serious Bodily Injury encompasses injuries that pose a substantial risk of death, serious disfigurement, or prolonged loss or impairment of bodily function for any individual involved, including the driver. This definition covers not only visibly severe injuries like major burns or cuts but also internal injuries that may not be immediately evident, such as traumatic brain injuries, spinal cord damage, or internal bleeding leading to lasting disability or disfigurement.

The crucial element in a charge of DUI with Serious Bodily Injury is establishing a direct link between the impaired driving and the resulting injury. It is not enough for the injury to occur during a DUI incident; there must be clear evidence demonstrating that the impairment directly caused the accident that led to the injury. This causational requirement is a key component of the offense, often requiring meticulous evidence collection, eyewitness statements, and expert reconstruction of the events surrounding the injury. Proving that the impairment directly led to the injury is a complex process that may necessitate expert testimony.

For the prosecution to succeed in a case of DUI with Serious Bodily Injury, they must show that the driver's impaired state was the direct cause of the victim's injuries. It is insufficient to merely establish that the driver was under the influence and an accident occurred; there must be a demonstrable connection between the driver's impaired faculties, the accident itself, and the resulting serious bodily injury to another party. This legal standard delves into the intricate dynamics of the accident and injuries, reflecting a rigorous approach to holding individuals fully responsible for the grave consequences of impaired driving.

At The Law Office of Sean Clayton, PA, our team of committed DUI lawyers specializes in providing strong defense for DUI cases in Fort Lauderdale, Miami, and West Palm Beach. Our main goal is to achieve the best possible outcomes for our clients, often resulting in the complete dismissal of charges or reduction to the lesser offense. 

Additionally, we offer invaluable guidance to our clients throughout the administrative DHSMV proceedings, advising them on strategies that may increase their chances of a favorable resolution. Ultimately, our aim is to assist our clients in minimizing the long-term consequences associated with a DUI charge.

Why choose The Law Office of Sean Clayton, P.A. for your defense?

• Diverse Expertise: Our firm was established by a former prosecutor who now has over a decade in defense work. This unique combination gives us a comprehensive understanding of the criminal justice system from both sides and how to fight your charges.
• We Fight: We stand by our commitment to our clients. We don’t merely plea you out; we strive relentlessly to ensure you get the most favorable outcome.
• Stellar Reputation: Our dedication to excellence is reflected in our 5-star reviews from satisfied clients.
• Impressive Track Record: We pride ourselves on our extensive list of significant case victories throughout Florida.
• Decades of Combined Experience: Our team brings decades of combined experience to the table, ensuring that every client benefits from our vast knowledge and insights.

Following a DUI arrest in Fort Lauderdale, or anywhere in South Florida, you will face two types of cases. The first is an administrative case with the DMV (Florida Department of Highway Safety and Motor Vehicles, or DHSMV), which focuses on the suspension of your driver's license. The second is the criminal case, which takes place in the courts. Our DUI lawyers have extensive experience handling both types of cases throughout South Florida and can provide guidance on the best course of action for you.

We encourage anyone accused of a DUI Causing Serious Bodily Injury to consult with an DUI lawyer early in the process. To aid in deciding which attorney to hire, consider reading our Tips for Selecting a DUI Attorney.

Under Florida Statute 316.193(1) and (3)(c)(2),  the State of Florida must prove three (3) elements beyond a reasonable doubt:

First, they must demonstrate that the defendant either operated a vehicle or was in "actual physical control". This includes situations where the defendant was discovered inside or on the vehicle with the keys in the ignition, regardless of their intention to sleep off the effects of alcohol. However, if the vehicle was not functional at the time of the alleged offense, the defense of inoperability may be invoked.

The second element pertains to the defendant's impairment caused by the consumption of alcoholic beverages, a chemical substance, or a controlled substance. This impairment can be proven in two ways: either by showing that the defendant's normal faculties were affected, or by establishing that their blood or breath-alcohol level exceeded the legal limit of .08 grams of alcohol per 100 milliliters of blood or 210 liters of breath.

To assess impairment of normal faculties, law enforcement often conducts field sobriety exercises. These tests are designed to identify any minor slips, slurs, or missteps that may indicate impairment. Although officers claim that these exercises are not graded on a pass/fail basis, they are trained to closely observe any perceived mistakes made by the defendant.

The term "normal faculties" encompasses a wide range of abilities, including but not limited to vision, hearing, mobility, speech, judgment, driving skills, decision-making in emergencies, and the performance of various mental and physical tasks in our daily lives. It may seem astonishing, but the police rely on these roadside assessments to determine a person's impairment. 

Additionally, it is important to note that any actions or statements made by the defendant while in the back of the patrol car, such as falling asleep, are recorded and can be used as evidence against them during the trial.

Fo the third element in the case of a DUI Causing Serious Bodily Injury, the State of Florida must show that serious injury occurred and that the injury was caused by the impaired condition of the driver. It means the state must prove that the causal link between the conduct of the impaired driver specifically. 

Mounting a DUI defense demands in-depth technical expertise and litigation skills. It stands as one of the most diverse areas of legal practice, encompassing challenges related to technology, procedural intricacies, and legal principles—each contingent on the revelations during the discovery process.  To narrow down potential defenses in your specific case, consider scheduling a consultation with one of our experienced DUI lawyers in Fort Lauderdale. Our services extend to clients in Broward, Miami-Dade, and Palm Beach County 

After your arrest, assuming this is a first DUI ofense, the officer will confiscate your driver’s license and issue you a 10-day driving permit.  

If no action is taken during this period, your driver's license will face suspension based on whether you took the breath test or refused it:

1. Breath Test: If you took the breath test and registered a blood alcohol concentration (BAC) above 0.08, your Florida driver's license will be suspended for six months, with a mandatory 30-day hard suspension.

2. Refused Testing: If you declined to take the breath, blood, or urine test, your Florida driver's license will be suspended for twelve months, with a mandatory 90-day hard suspension.

If, though, you are convicted of DUI Causing Serious Bodily Injury, you are facing a court ordered three (3) year minimum license revocation. However, as above, you may be eligible for a hardship license.

Option 1: Fighting an Administrative Suspension after a First DUI

Your first option is to, within ten (10) days, request a Formal Review of the suspension. By making this request, you will be granted a 42-day driving permit, allowing you to continue driving while your attorney fights against the suspension.

If successful in the hearing, the suspension will be completely removed from your driving record, as if it never occurred. However, if the hearing officer upholds the suspension, your hard suspension period will commence.

Option 2: Waiving Formal Review and Requesting Review for Hardship License Eligibility

In certain circumstances, you may choose to waive the formal review hearing and instead request a hardship license following a DUI arrest in Florida. A hardship license provides limited driving privileges for essential purposes, such as work, school, medical appointments, or grocery shopping.

To obtain a hardship license, you must complete the necessary paperwork and submit it to the Florida Department of Highway Safety and Motor Vehicles (DHSMV). It’s crucial to note that eligibility requirements and procedures may vary, so consulting with an experienced DUI attorney is highly recommended to navigate this process effectively.

Your DUI lawyer can guide you through the application process, assist in gathering the required documentation, and present a compelling case to increase your chances of obtaining a hardship license. They will advocate for your needs and work towards securing the best possible outcome for your situation.

Keep in mind that a hardship license is not immediately available after a DUI arrest. There may be a waiting period or other conditions that must be met before you can apply. Understanding the specific requirements and adhering to the necessary steps is crucial to ensure a smooth and successful application process.

For second or subsequent DUI offenses, the options after an arrest for DUI Causing Serious Bodily Injury may be very different.

A DUI Causing Serious Bodily Injury is considered a felony offense under Florida law. The court is required to impose the following mandatory minimum requirements, unless the conviction is avoided:

• Mandatory adjudication of guilt
• Incarceration (jail): Mandatory imprisonment of at least 24 months up to 60 (max) months is required under the Criminal Punishment Code guidelines, depending on the severity of the injury points. However, this can be mitigated by the judge or through negotiations.
• Maximum Possible Incarceration: Up to five (5) years or, if a Habitual Felony Offender, up to ten (10) years
• Probation: Up to five (5) years
• Fine: the fine will range from $1,000 (first DUI conviction) to $5,000.
• Vehicle Impoundment: The vehicle will be impounded for 10 days.
• Community Service: 50 hours
• Driver License Revocation Period: Three (3) year revocation
• Hardship Reinstatement: The driver may be eligible for a hardship reinstatement.*
• DUI School: The driver must complete classroom instruction, undergo a substance abuse evaluation, and complete any recommended follow-up treatment.
• Ignition Interlock Device: Unless ordered by the Court, an ignition interlock device is not required. However, if your BAC was .15 or higher or if there was a minor in the vehicle, the Court is obligated to order the device for six (6) months.

It is important to note that these are the mandatory minimum requirements, and the court may impose additional penalties at their discretion. But, the court and your DUI lawyer may minimize or mitigate some of these, also. 

Naturally, these consequences can be enhanced in cases where the BAC exceeds .15, where a minor is a passenger, or where this is not a first DUI offense.

* Business Purposes Only or Employment Purposes Only Reinstatements: If you want to reinstate your driving privileges for business or employment purposes, you must complete DUI school and apply for a hearing for possible hardship reinstatement.

For CDL holders, pleading guilty or no contest to a DUI in a non-commercial vehicle results in a one-year administrative disqualification as a consequence of the first DUI plea. A second or subsequent DUI conviction will permanently render the driver ineligible to operate a commercial motor vehicle.

During the disqualification period for driving a commercial motor vehicle, there are no provisions for obtaining a hardship license to operate any type of commercial vehicle, whether it’s for business purposes or employment.