What You’re Facing, How to Fight It, and Why the Right Defense Attorney Can Change Everything
If you’ve been arrested for driving under the influence and someone was hurt in the accident, you’re probably scared of what’s coming next. It’s a serious charge, and Florida law treats it that way. DUI with serious bodily injury is not a misdemeanor. It’s a felony, and it carries real prison time, mandatory license revocation, and a permanent criminal record. But being charged does not mean you’re guilty. As a Florida criminal defense attorney, I’ve helped many people in your situation protect their future, avoid a felony conviction, and even avoid incarceration entirely.
Let me walk you through what the law says, what the consequences are, and how I build a defense that gives you the best possible chance to move forward.
DUI with Serious Bodily Injury is a Third-Degree Felony in Florida
Under Florida Statute § 316.193(3)(c)(2), if a DUI results in serious bodily injury to another person, the offense is classified as a third-degree felony. That means you are looking at a potential 5 years in prison, 5 years of probation, and a $5,000 fine, even if it is your first offense.
Here’s what the statute says:
Florida Statute § 316.193(3)(c)(2):
“Any person who causes or contributes to causing serious bodily injury to another as a result of operating a vehicle while under the influence… commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.”
The term “serious bodily injury” is defined as an injury that creates a substantial risk of death, causes serious permanent disfigurement, or results in protracted loss or impairment of a bodily function.
It’s important to understand that prosecutors only need to prove that you were impaired and that your driving caused or contributed to the injury. They don’t need to prove you intended to hurt anyone. That’s why even what seems like a minor accident can result in felony charges if someone involved claims serious injury.
You Can’t Talk Your Way Out of a Felony
The minute law enforcement alleges someone was seriously hurt in a DUI crash, the case becomes high priority. Prosecutors will review medical records, accident reports, toxicology results, and witness statements. And the person who was injured will often push for a conviction.
What most people don’t realize is that cooperating with the police or making a statement can backfire quickly. Saying “I only had a few drinks” or “I didn’t mean to cause the accident” sounds harmless, but those words can be used as evidence of guilt.
That’s why you need a private attorney from the start. Public defenders are often stretched too thin to meet with clients until just before court. As your private attorney, I step in right away. I secure video, track down independent witnesses, challenge the way tests were administered, and push back on the state’s version of events before charges are even finalized.
Real Case Example: How We Beat a Felony DUI Charge
One of my clients was charged with DUI with serious bodily injury in Hillsborough County. He was driving home from a work event when he clipped the back of a motorcycle at a traffic light. The rider had multiple fractures. Police said my client smelled like alcohol, failed field sobriety tests, and admitted to drinking.
When we took the case, the state was demanding prison time. But we got to work quickly.
First, we obtained surveillance footage from a nearby gas station. It showed the motorcyclist weaving through traffic and stopping suddenly, giving my client no time to react. That helped show the crash wasn’t entirely his fault.
Second, we hired a toxicologist to review the blood draw. The results were borderline, and we uncovered inconsistencies in how the sample was stored. That allowed us to file a motion to suppress the blood evidence.
We also obtained the injured rider’s hospital records and found that his medical condition was exaggerated in the initial report. By the time we finished, the state reduced the charge to a misdemeanor DUI with probation and no jail time.
Defenses to DUI with Serious Bodily Injury
Every case is different, but these are some of the most effective defenses we use in serious injury DUI cases:
Causation Challenges
Florida law requires that your driving caused or contributed to the injury. If another driver swerved, ran a red light, or stopped abruptly, you may not be criminally responsible for the injury, even if you had alcohol in your system.
Lack of Impairment
Just because you were drinking doesn’t mean you were impaired. Field sobriety tests are subjective, and even breath test results can be wrong. We often challenge the accuracy of breathalyzer or blood test procedures, calibration records, and the qualifications of those administering the tests.
Improper Blood Draw or Storage
Under Florida law, blood draws must follow strict procedures. If the sample was not collected or stored properly, we can fight to exclude it from evidence entirely.
Violation of Constitutional Rights
If law enforcement pulled you over without reasonable suspicion, failed to read Miranda rights, or searched your car unlawfully, that can impact the admissibility of the evidence.
Each of these defenses requires time, resources, and legal strategy. A private defense attorney can devote the attention your case needs to uncover facts the prosecution may overlook or ignore.
How Florida’s Sentencing Works for DUI with Injury
If convicted, sentencing is based on a Criminal Punishment Code (CPC) scoresheet. DUI with serious bodily injury carries victim injury points, which increase the minimum prison term significantly. Even with no prior record, the points alone can push you above the mandatory minimum threshold.
You may be eligible for mitigation or a downward departure sentence, but that takes preparation and strong advocacy. A private attorney can present the right mitigating evidence to avoid a prison sentence, such as:
- Lack of prior criminal record
- Willingness to pay restitution
- Acceptance into treatment or counseling
- Character witnesses
- Community ties and employment history
We prepare a full sentencing package in every felony DUI case to give our clients the best shot at probation instead of prison.
What You’re Risking Without a Private Attorney
I’ve seen too many people assume they can “explain it” to the judge or that the court will go easy because they’re first-time offenders. The reality is that felony DUI with serious injury is treated harshly. Without a dedicated legal defense, you could be facing:
- A felony conviction that cannot be sealed or expunged
- Loss of your driving privileges for years
- Immigration consequences if you’re not a U.S. citizen
- Civil lawsuits from the injured party
- Thousands of dollars in restitution and fines
- Up to 5 years in Florida State Prison
When you hire me as your attorney, I bring in investigators, accident reconstructionists, and toxicologists when needed. We meet regularly, and I personally walk you through each stage of the process. My job is to protect your record, your license, and your future.
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 30 office locations in Florida and serve all counties in Florida.
Florida DUI with Injury Defense Frequently Asked Questions
Is DUI with serious bodily injury always charged as a felony in Florida?
Yes. Under Florida law, if a DUI results in serious bodily injury to another person, it is charged as a third-degree felony. That applies even if it’s your first DUI offense. The nature of the injury, not your prior record, determines whether the case is filed as a felony.
How do prosecutors define serious bodily injury?
Florida law defines serious bodily injury as any physical injury that creates a substantial risk of death, causes serious permanent disfigurement, or leads to long-term loss or impairment of any bodily function. Fractures, head trauma, or injuries requiring surgery usually qualify. Minor bruises or soreness typically don’t rise to this level.
Can I go to prison if convicted of DUI with serious injury?
Yes. A conviction carries a maximum of 5 years in prison. However, prison is not automatic. A skilled defense attorney can negotiate for a reduced charge or probation, especially in cases involving minimal injuries, lack of prior offenses, or evidence of shared fault in the accident.
Will I lose my license?
Yes. If convicted, the court will impose a mandatory license revocation for at least 3 years. You may be able to apply for a hardship license after a certain period if you meet all eligibility requirements, including DUI school and installation of an ignition interlock device.
Can I get this charge reduced to a misdemeanor?
It’s possible, depending on the facts. If the injury is not truly “serious” under the law, we can challenge the classification. If impairment can’t be proven, we may push for a lesser charge like reckless driving. Every case depends on the evidence, the nature of the injury, and your prior history.
What happens if I refuse the breath or blood test?
Refusal can complicate your defense, but it doesn’t mean an automatic conviction. We look at the reason for the refusal, whether officers followed proper protocol, and whether there’s other evidence of impairment. If the state lacks proof of BAC, they may have a harder time meeting their burden of proof.
Should I hire a private lawyer or accept a public defender?
Felony DUI with serious bodily injury is not the kind of case to take lightly. Public defenders often have high caseloads and limited time to meet with clients. Private counsel can act immediately, build a comprehensive defense, and guide you through pretrial negotiations, motions, and trial strategy. The outcome of your case can affect the rest of your life. Having your own dedicated attorney gives you a real advantage.
Can I be sued if someone was injured in the crash?
Yes. Criminal charges are separate from civil lawsuits. Even if your case is resolved without jail time, the injured person can file a personal injury lawsuit seeking compensation. We work to coordinate your criminal defense with any potential civil exposure, especially when statements or plea deals could affect both.
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 30 office locations in Florida and serve all counties in Florida.