Facing DUI Charges After a Crash?
As a Florida DUI defense lawyer, I have represented many people who never thought they would end up facing felony charges after an accident. It often starts the same way. Someone goes out to dinner, has a couple of drinks, and drives home. On the way, a crash occurs. Suddenly, the police are questioning you, performing tests, and before you know it, you are sitting in a jail cell accused of driving under the influence with serious bodily injury.
These cases are not only overwhelming but also carry life-changing penalties under Florida law. The prosecutor will push hard for a conviction because accidents that cause injury create strong emotions with victims and families. Yet I have seen firsthand that many of these cases are not as clear-cut as they may seem. Medical records, accident reconstruction, toxicology, and police procedures all play a role in whether the state can actually prove its case beyond a reasonable doubt.
In this article, I am going to walk you through what Florida law says about DUI with serious injury, the statutes involved, the defenses that can apply, and why hiring a private attorney can make the difference between years in prison and a much better outcome. I will also share a real case where I successfully defended someone accused of this crime.
What Florida Law Says About DUI Causing Injury
Florida’s DUI laws are found in Florida Statute §316.193. For most DUI cases, the charge is a misdemeanor. However, when a crash occurs and another person is injured, the charge escalates dramatically.
Here is the exact statutory language for DUI with serious bodily injury:
Florida Statute §316.193(3)(c)(2):
“Any person who, by reason of such operation [driving under the influence], causes or contributes to causing serious bodily injury to another, as defined in s. 316.1933, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.”
The law defines serious bodily injury as an injury to another person, including the driver’s own passengers, which creates a substantial risk of death, causes serious permanent disfigurement, or results in the loss or impairment of the function of any bodily member or organ.
This is not a minor traffic case. It is a third-degree felony, which means you are looking at:
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Up to five years in Florida State Prison
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A $5,000 fine
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Lengthy probation with strict conditions
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Mandatory driver’s license revocation for at least three years
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Possible restitution orders to pay for medical expenses
The stakes are enormous, which is why I always tell clients that they cannot afford to fight this alone or rely on a public defender who may be juggling hundreds of cases.
Why the State Still Has to Prove Its Case
Even though the charge sounds overwhelming, it is important to remember that the prosecution has the burden of proof. They must establish several elements beyond a reasonable doubt:
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You were in actual physical control of a vehicle.
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You were under the influence of alcohol or drugs, either impaired to the extent that your normal faculties were affected or with a blood-alcohol level of 0.08 or higher.
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You caused or contributed to a crash.
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Another person sustained a serious bodily injury as a result.
If even one of these elements is weak or unsupported by credible evidence, I can attack the state’s case. This is where hiring a private defense lawyer matters most. I have the resources to retain accident reconstruction experts, toxicologists, and medical professionals who can challenge the government’s claims.
Defenses to DUI with Serious Bodily Injury
Every case is different, but some common defenses I have used successfully in Florida DUI injury cases include:
Unreliable Field Sobriety Tests
Police often claim a driver failed field sobriety exercises, but those tests are subjective and can be influenced by injuries, poor lighting, uneven pavement, or even nervousness. A skilled attorney can show a jury that these tests are not reliable proof of impairment.
Fault in the Accident
The state must prove that you caused or contributed to the crash. If the other driver ran a stop sign, was speeding, or otherwise caused the collision, then the chain of causation is broken. I have had cases dismissed when accident reconstruction showed my client was not at fault.
Problems with Chemical Testing
Breath tests and blood tests are not foolproof. Breathalyzers must be maintained and calibrated according to strict rules. Blood draws require proper procedures. Chain of custody errors, contamination, or medical conditions can all make results unreliable.
Lack of Proof of Serious Injury
The injury must meet the legal definition of “serious bodily injury.” A broken arm that heals fully is not necessarily “serious” under the statute. I have challenged prosecutors who exaggerated the extent of injuries to push for harsher penalties.
Suppression of Evidence
If the police violated your constitutional rights during the stop, arrest, or interrogation, critical evidence may be suppressed. Without that evidence, the state’s case may collapse.
These defenses are not automatic, and they require a detailed investigation. But they are powerful tools when used correctly, and they highlight why you need a private attorney who can dedicate the time and resources to your defense.
Other Relevant Florida Statutes
When defending a DUI with serious injury charge, I also look at several related statutes that may come into play:
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Florida Statute §316.1935 – Fleeing or Attempting to Elude: Sometimes the police tack on additional charges if they believe you tried to avoid a stop.
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Florida Statute §316.1936 – Implied Consent: This governs chemical testing. If the officer failed to follow the statute’s requirements, test results may be thrown out.
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Florida Statute §322.28 – Driver License Revocations: This controls how long your license will be revoked if you are convicted.
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Florida Statute §775.082, §775.083, §775.084 – Sentencing and Penalties: These statutes set forth the possible prison terms, fines, and enhanced penalties for repeat offenders.
Knowing how these statutes interact allows me to find opportunities to negotiate for reduced charges or to fight for dismissal.
A Real Case Example
Several years ago, I represented a man who was accused of DUI with serious bodily injury after a crash in Tampa. The police claimed he failed field sobriety tests and that his blood alcohol level was over the limit. The other driver suffered a fractured leg.
When I reviewed the case, I discovered multiple issues. The blood test was drawn nearly three hours after the crash, which raised serious questions about whether it accurately reflected his alcohol level at the time of driving. In addition, accident reconstruction showed that the other driver had made an illegal left turn in front of my client, which was the real cause of the crash.
I filed motions to suppress the blood test and presented the accident reconstruction report to the prosecutor. After several hearings, the state agreed to reduce the charge from felony DUI with serious injury to reckless driving with no jail time. My client avoided a felony conviction and was able to keep his job and rebuild his life.
That case shows how critical it is to have a private attorney who will go the extra mile to uncover flaws in the state’s case.
Why You Need a Private Attorney
A DUI with serious injury is one of the toughest charges you can face in Florida short of DUI manslaughter. The prosecutor will have a team of investigators and experts working against you. If you rely on an overworked public defender, you may never get the full defense you deserve.
As a private DUI defense lawyer, I can:
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Personally review every detail of your case
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Hire independent experts to challenge the state’s evidence
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Negotiate aggressively for reduced charges or probation instead of prison
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Take your case to trial if the state refuses to make a fair offer
Your freedom, your future, and your family’s financial security are on the line. Do not risk it by going into battle unprepared.
Frequently Asked Questions About Florida DUI with Serious Injury
What is considered serious bodily injury under Florida law?
Florida law defines serious bodily injury as an injury that creates a substantial risk of death, causes serious permanent disfigurement, or results in the loss or permanent impairment of a bodily function. Not every injury after a crash qualifies. For example, cuts, bruises, or even broken bones that fully heal may not meet the legal threshold. This matters because if the injury does not rise to the statutory definition, the felony charge may not stand. As your defense lawyer, I can have independent medical experts review the alleged victim’s records to determine whether the state is exaggerating the injury.
Can I go to prison for DUI with serious bodily injury in Florida?
Yes. A conviction for DUI with serious bodily injury is a third-degree felony punishable by up to five years in state prison. However, not every case results in prison. The outcome depends on the strength of the evidence, whether you have prior DUI convictions, and the quality of your defense. Many of my clients have avoided prison by fighting the charges, negotiating reduced charges, or entering into programs that substitute treatment and probation for incarceration.
How does the prosecutor prove I caused the crash?
The state must prove that your actions while impaired caused or contributed to the accident. This is often one of the weakest parts of their case. Accidents can have multiple causes, and another driver’s negligence can break the chain of causation. I work with accident reconstruction experts to show juries and judges that the other driver may have been at fault, which can lead to dismissal or a reduction of charges.
What happens if the blood or breath test was taken long after the crash?
Timing is critical in DUI cases. Alcohol levels in the blood change quickly as the body metabolizes alcohol. A test taken hours after the crash may not reflect your level at the time of driving. Florida law requires strict compliance with procedures for chemical testing. If the state cannot establish that the test was reliable and conducted properly, I can file motions to exclude the results, which often cripples the prosecution’s case.
Can I get my license back if I am charged with DUI with serious injury?
If you are convicted, your driver’s license will be revoked for a minimum of three years. However, while your case is pending, there may be ways to challenge the suspension or apply for a hardship license that allows you to drive to work or school. This is another reason why hiring a private attorney matters. I can guide you through the administrative hearing process and fight for your ability to keep driving while your case is being resolved.
Will a DUI with serious injury stay on my record forever?
If you are convicted, the answer is yes. DUI convictions cannot be sealed or expunged under Florida law. That means the conviction will follow you permanently. This is why it is absolutely critical to fight for dismissal, reduction to a lesser offense, or an acquittal at trial. A private attorney can give you the best chance to avoid a permanent felony record.
Is probation possible in a Florida DUI with serious injury case?
Yes, probation is possible, but it is not automatic. It depends on negotiations, your prior record, and the strength of your defense. Probation in these cases usually comes with strict conditions such as community service, alcohol treatment, restitution, and no driving for a period of time. With the right legal strategy, I have helped clients obtain probation instead of years in prison.
What if the other driver was partly at fault for the crash?
That fact can be a game-changer. If another driver caused or contributed to the crash, the state may not be able to prove causation beyond a reasonable doubt. I have had cases dismissed or reduced to reckless driving by showing that the alleged victim was actually the one who caused the collision. Accident reconstruction evidence and eyewitness testimony can be powerful tools in these situations.
Do I need a private attorney if I already have a public defender?
Public defenders are talented lawyers, but they are stretched thin with overwhelming caseloads. A private attorney has the time and resources to dig deeper, hire experts, and meet with you and your family regularly. In a serious felony case like DUI with serious bodily injury, the outcome can define the rest of your life. Having a dedicated private attorney can mean the difference between prison and freedom.
Can DUI with serious injury charges ever be reduced?
Yes. I have had many felony DUI cases reduced to reckless driving or misdemeanor charges. This usually happens when the evidence is weak, when there are problems with chemical testing, or when the alleged injuries do not meet the statutory definition of “serious.” Reduction of charges is one of the key goals in negotiations because it eliminates a felony conviction and avoids the harshest penalties.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you or a loved one has been charged with DUI with serious bodily injury in Florida, you cannot afford to wait. The sooner you involve an experienced defense attorney, the better your chances of protecting your freedom, 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 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.