Florida DUI Causing Serious Bodily Injury Defense Attorney
Driving under the influence is already one of the most aggressively prosecuted charges in Florida, but when an accident results in someone being seriously injured, the stakes increase dramatically. Under Florida Statute § 316.193(3)(c)(2), prosecutors can pursue a felony DUI charge carrying years in prison, heavy fines, and long-term consequences that can alter the course of your life. I want to explain how this law works, what penalties apply, and why having a private defense attorney by your side is critical if you or a loved one is facing this type of charge.
Understanding Florida Statute § 316.193(3)(c)(2)
The statute states:
“Any person who, while driving or in actual physical control of a vehicle, is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, and who, by reason of such operation, causes or contributes to causing serious bodily injury to another, commits a felony of the third degree.”
This section creates a separate felony offense that goes beyond a typical DUI. What elevates the charge is the presence of a crash where someone suffers serious bodily injury. Florida law defines serious bodily injury as an injury that creates a substantial risk of death, causes serious disfigurement, or results in long-term loss or impairment of a body part or organ.
As a private defense attorney, I stress to my clients that the language “causes or contributes to causing” gives prosecutors broad discretion. Even if alcohol or drugs were not the sole reason for the accident, if the state can link impairment to the crash, a felony DUI charge may be filed.
Penalties for DUI Causing Serious Bodily Injury
A violation of § 316.193(3)(c)(2) is a third-degree felony. Under Florida law, that means:
- Up to 5 years in prison
- Up to 5 years of probation
- Up to $5,000 in fines
However, the sentencing exposure does not stop there. Because this charge is classified under the Florida Criminal Punishment Code, the offense is assigned a severity level that often scores mandatory prison time. The injury itself can dramatically increase sentencing points, which is why a conviction can realistically lead to several years of incarceration.
Additional penalties may include:
- Long-term driver’s license revocation
- Mandatory ignition interlock device installation upon reinstatement
- Court-ordered DUI school and substance abuse treatment
- Restitution payments to the victim
- Civil lawsuits for damages
When you face this charge, the consequences go far beyond fines or a short jail sentence. Your entire future, career, and freedom may be at risk. This is why having an experienced private attorney is essential.
Why a Private Defense Attorney Is Critical
Public defenders work tirelessly for their clients, but the reality is that they are overloaded with cases. A private defense attorney can dedicate the time and resources necessary to investigate every angle of your case. In DUI cases involving serious bodily injury, there are often complex medical, scientific, and accident reconstruction issues that require expert witnesses and detailed investigation. Without a strong defense strategy, prosecutors will push for lengthy prison terms.
As your defense attorney, I focus on more than just the immediate charge. I evaluate whether the stop, arrest, and evidence collection complied with constitutional requirements. I look for opportunities to reduce the charge to a misdemeanor DUI or reckless driving with injury, which can significantly reduce the penalties. Most importantly, I fight for your future by working toward outcomes that protect your freedom and your record.
Defenses to DUI Causing Serious Bodily Injury
Several defenses may apply in these cases. While each case is unique, some common strategies include:
1. Challenging the Stop and Arrest
Police officers must have probable cause for a traffic stop. If the stop was unlawful, all evidence collected afterward can potentially be suppressed.
2. Questioning the Breath or Blood Test
Breathalyzer machines must be properly maintained and calibrated. Blood samples must be collected, stored, and tested according to strict protocols. Any deviation can render the results unreliable.
3. Disputing Impairment
Not all signs of impairment are caused by alcohol or drugs. Fatigue, medical conditions, or even nervousness during a stop can mimic impairment. Demonstrating alternate explanations can weaken the state’s case.
4. Causation of the Injury
Even if impairment is proven, the state must show that impairment caused or contributed to the crash. If the injured party was at fault, or if other factors such as weather or mechanical failure were involved, causation becomes a key battleground.
5. Degree of Injury
To elevate the charge, the state must prove “serious bodily injury.” If the injuries do not meet the statutory definition, the charge may be reduced.
Other Relevant Florida Statutes
- Florida Statute § 316.193(3)(c)(3): DUI Manslaughter, a second-degree felony, which prosecutors may consider if the injuries are fatal.
- Florida Statute § 784.03: Battery, relevant in cases where the prosecutor may attempt to stack charges if the DUI crash also involves physical confrontation.
- Florida Statute § 316.027: Duty to remain at the scene of a crash involving injury, which can compound penalties if someone leaves the scene.
Understanding how these statutes interact is crucial. A skilled defense attorney can often negotiate reductions by showing why a particular statute was misapplied or why a lower-level charge is more appropriate.
Real Case Example
A few years ago, I represented a client in Tampa who was charged under § 316.193(3)(c)(2). He was accused of causing a motorcycle crash after leaving a bar, with the motorcyclist suffering a broken leg and a punctured lung. The state’s case relied heavily on a blood test showing a BAC of 0.11.
I immediately filed motions challenging the blood draw. It turned out that the nurse who collected the sample was not certified under Florida law for forensic draws in DUI cases. Further, the accident reconstruction showed that the motorcyclist had been speeding and weaving between cars, which contributed significantly to the crash. Through aggressive motions and expert testimony, we convinced the court to exclude the blood evidence and established that causation was not solely tied to my client’s actions. The prosecutor ultimately reduced the charge to reckless driving with injury, resulting in probation and no prison time. My client kept his job and his family intact.
Why You Need a Private Attorney for These Cases
Felony DUI charges are not handled lightly by the state. Prosecutors often seek maximum penalties, especially when victims have lasting injuries. A private attorney can devote the attention necessary to challenge every part of the case. From questioning the traffic stop to hiring accident reconstruction experts, I take a proactive approach to secure the best possible outcome. When you are facing years in prison, relying on chance or minimal defense is not an option.
Florida DUI Causing Serious Bodily Injury Defense Attorney FAQs
What makes DUI causing serious bodily injury different from a regular DUI?
A regular DUI may involve no crash at all, or only minor property damage. DUI causing serious bodily injury is elevated to a felony because someone was significantly hurt. This changes the potential penalties from misdemeanors with short jail terms to felony convictions that carry years in prison.
Can the state prove DUI causing serious bodily injury without a breath test?
Yes. The law does not require a breath or blood test. Prosecutors can rely on officer observations, field sobriety tests, or witness testimony. However, without chemical evidence, the case may be weaker and easier to challenge with a skilled defense attorney.
What if the injured person was partly at fault?
Causation is a major issue. If the injured party contributed to the accident through reckless behavior, speeding, or distraction, the defense can argue that impairment was not the cause of the injury. This can create reasonable doubt and open the door to a reduced charge.
What defenses apply if my blood alcohol content was over 0.08?
Even with a BAC above the legal limit, the state must prove that your impairment caused or contributed to the accident. Additionally, blood and breath results can be challenged on technical grounds such as improper collection, contamination, or faulty calibration.
What counts as serious bodily injury under Florida law?
Florida defines serious bodily injury as any injury that creates a substantial risk of death, causes serious disfigurement, or results in the long-term loss or impairment of a body part or organ. Broken bones, internal injuries, and permanent scars often meet this standard.
Can the charge be reduced to reckless driving?
Yes, in many cases, skilled defense attorneys can negotiate reductions to reckless driving with serious bodily injury. This charge still carries penalties, but it is not a DUI felony and may avoid mandatory prison time. A reduction also limits the long-term consequences on your record.
Will I lose my driver’s license if convicted?
Yes. A conviction usually results in long-term or even permanent license revocation. However, with a reduced charge or dismissal, it may be possible to preserve driving privileges or regain them sooner through hardship reinstatement.
Is probation an option for DUI causing serious bodily injury?
Yes, probation is possible, especially when the injuries are less severe, when causation is disputed, or when the defense successfully negotiates a reduced charge. Probation often includes conditions such as restitution, DUI school, and treatment, but it avoids prison time.
What if the police violated my rights during the arrest?
If your constitutional rights were violated during the stop, arrest, or evidence collection, your attorney can file motions to suppress the evidence. If key evidence is excluded, the state may have no choice but to reduce or dismiss the case.
How can hiring a private attorney help me compared to using a public defender?
Public defenders are dedicated but often overloaded with hundreds of cases. A private attorney can dedicate the time and resources to investigate thoroughly, retain experts, and aggressively challenge the prosecution. This level of attention can make the difference between prison and a reduced outcome.
Call Our Florida DUI Causing Serious Bodily Injury Defense Attorney
If you are facing DUI charges involving serious bodily injury, your future is on the line. You need a defense team that understands Florida law, knows how to challenge the state’s evidence, and is ready to fight for you in court.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have over 30 office locations throughout all of the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.