DUI charges alone can lead to some severe penalties. Florida, along with
many other states, has cracked down on crimes related to driving under
the influence of drugs or alcohol. However, these penalties can worsen
to extreme amounts if the DUI also led to someone else’s serious
If you’ve been charged with a DUI, and someone was injured as a result
of the DUI, don’t hesitate to speak to one of our skilled
Florida DUI attorneys as soon as possible. Musca Law is extremely experienced in handling many
types of DUI cases. Let us help you defend your rights and freedom.
Call us at (888) 497-0216 to talk to us about your case today!
Serious and Non-Serious Bodily Injury
Depending on the circumstances you could be charged with a lighter or heavier
sentence depending on how severe the DUI-caused injuries are. Non-serious
injuries would lead to a misdemeanor, while serious bodily injury might
result in a felony.
Serious Bodily Injury
According to Florida Statutes Section 316.193(3), the crime of DUI Causing
Serious Bodily Injury includes 3 factual elements. These 3 elements must
all be proven beyond a reasonable doubt before you can be convicted of
this charge. The 3 features include the following:
- The defendant drove or was in actual physical control of a vehicle.
- The defendant was under the influence of alcohol to such an extent that
his or her normal faculties were impaired, or had a blood alcohol content
(BAC) of 0.08% or higher, during the time he or she was driving or in
control of the vehicle.
- As a result of operating the vehicle, the defendant caused or helped cause
serious bodily injury.
In order to be considered serious, the injury must have put the victim
at substantial risk of death, put the victim at a significant risk of
serious personal disfigurement, or created a substantial risk of protracted
loss or impairment of the function of a body part or organ.
Penalties for Serious Bodily Injury
According to Florida law, causing serious bodily injury with your DUI is a 3rd-degree felony. If you are found guilty, you could face up to 5 years in
prison or 5 years of probation and a $5,000 fine. You will also likely
be asked to provide restitution to compensate the victim for his or her
financial losses. This offense also carries the potential for a minimum
mandatory prison sentence. This crime is a Level 7 offense, which is given
a primary offense point value of 56. Up to 40 more points could be added
to the sentencing score if the prosecution succeeds in having the victim’s
injuries classified as severe. If you then end up with a score of 96 sentencing
points, you would receive a minimum mandatory prison sentence of 4 years
and 3 months (51 months).
Non-Serious Bodily Injury
A non-serious bodily injury could be anything less severe than what was
described above. Even a bruise could be considered a non-serious injury.
If you are convicted, you will be guilty of a first-degree misdemeanor
and will receive up to 12 months in jail and a $1,000 fine.
Speak to Our Skilled Attorneys Today
If you’re facing a DUI charge involving bodily injury, make sure
to talk to an experienced
Florida criminal defense lawyer as soon as possible. DUIs leading to serious bodily injury are some of
the most severely prosecuted DUI offenses in the state. Make sure you
have an experienced attorney on your side who is dedicated to defending
your rights and freedom.
Musca Law has more than 150 years of legal experience to offer your case. Let us
see what we can do for you.
Contact us at (888) 497-0216 or fill out our online form to schedule a free case