DUI with Serious Bodily Injury
If you have been arrested for DUI with serious bodily injury, then you should contact an experienced DUI attorney immediately. Although any DUI charge is a serious matter, if during what would otherwise be a Misdemeanor DUI, your impaired driving cause serious bodily injury to another person, your charge will be elevated to a Third Degree Felony and the penalties can be even more severe.
Call us at 844-511-4800 to speak to one of our experienced DUI attorneys and learn what you might need to do to protect yourself after this serious charge.
Penalties for DUI with Serious Bodily Injury
As mentioned previously, DUI with serious bodily injury is a third degree felony charge and carries a statutory maximum penalty of 5 years in prison and/or probation, a $5,000 fine and other consequences. However, this charge can carry additional penalties as the Court may impose a sentencing score sheet (a set of guidelines to determine the length of your sentence based on the seriousness of the crime and surrounding factors).
DUI with serious bodily injury is a level 7 offense which adds 56 points to your score sheet (a score of over 44 points earns a mandatory prison sentence.) If it is determined that victim’s injury is severe, an additional 40 points could be added.
When the total guideline sentence for the felony DUI charge is calculated under the Florida Score sheet for the Criminal Punishment Code, the minimum prison sentence for someone with no prior record who is charged with this offense would be 4 years and three months in Florida State Prison. If you have any other charges on your criminal record, the punishment may be more severe.
Defenses in DUI with Serious Bodily Injury Cases
Fighting DUI charges at every stage of the case is critical. Often times, the prosecutor’s case against you will center on a blood draw. DUI cases are difficult to prosecute without blood tests.
Police officers often attempt to conduct a blood draw at the accident scene, but they may also do so at the hospital or in an ambulance. Florida law states that police officers may use reasonable force if they have probable cause to think that a person was driving a vehicle while under the influence of drugs or alcohol and caused another person to be seriously injured in an accident.
Police Interrogation after a DUI with Serious Bodily Injury
If you are involved in an accident and charged with a DUI where someone in the accident was seriously hurt, the police will likely ask for details. From what happened leading up to the accident to the collision itself, the police will seek as many specifics as possible, regardless of your physical condition. Many times, the driver charged with the DUI has also been injured. In this case, it’s not uncommon for police to question DUI suspects in an ambulance or a hospital bed. Retaining an attorney as soon as possible is critical to your case. An attorney can effectively present your side of the case to the police and make a big difference in the outcome.
The Driver's License Revocation for a Felony DUI Conviction
In terms of driving privileges, a conviction for DUI with serious bodily injury carries with it a minimum three year suspension or revocation of your Florida driver's license, which starts at the conclusion of jail or prison time served.
Choosing an Attorney for a DUI with Serious Bodily Injury Charge
If you have been charged with a DUI that resulted in the serious injury of another person, time is of the essence. At the McIntyre Law Firm, our Tampa DUI attorneys will fight to protect your rights. Contact us today at 844-511-4800. We represent clients charged with DUI throughout Tampa, Hillsborough County and the surrounding area.