Charged After a Crash Involving Injury? Florida Law Imposes Harsh Penalties, But You Still Have Options
When you're accused of driving under the influence and someone else is hurt, the situation quickly shifts from serious to potentially life-altering. A Florida DUI with serious bodily injury is not a misdemeanor; it's a felony offense. As a criminal defense attorney practicing in Florida for many years, I've represented clients who had no prior record but found themselves facing prison time simply because an accident occurred while they were behind the wheel after drinking.
You may have been in an accident, someone got injured, and now you're being told you're facing a third-degree felony. The prosecution may claim you were impaired and that your impairment caused the crash. What comes next can affect your freedom, your license, and your future.
Let's walk through what Florida law says about DUI with serious bodily injury, what the penalties are, what defenses may apply, and why hiring a private attorney can give you the strongest chance at protecting your rights.
Florida Law on DUI with Serious Bodily Injury
Under Florida Statute § 316.193(3)(c)2, a DUI becomes a felony when it causes serious bodily injury to another person. Here is what the law says:
"Any person who, by reason of operating a vehicle in a manner which causes or contributes to causing serious bodily injury to another, and while under the influence of alcoholic beverages, any chemical substance, or any controlled substance, commits a felony of the third degree."
The term "serious bodily injury" means an injury that involves a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
This is not something the state takes lightly. A third-degree felony in Florida carries up to 5 years in state prison, 5 years of probation, and a $5,000 fine. There are also mandatory license suspensions, ignition interlock requirements, and the possibility of a civil lawsuit on top of the criminal case.
But to secure a conviction, the state has to prove several things beyond a reasonable doubt:
- You were driving or in actual physical control of the vehicle,
- You were under the influence,
- Your impairment caused or contributed to the crash,
- The other person sustained serious bodily injury as defined under Florida law.
Each of these elements opens the door to multiple legal defenses.
Real Case Example: Charges Reduced, No Prison Time
One of my clients was involved in a nighttime accident on a wet road in Hillsborough County. A motorcycle had collided with his vehicle at an intersection, and the rider suffered a broken leg. My client admitted to having two drinks with dinner earlier that night, and officers performed field sobriety tests on the roadside. His breath sample showed a BAC of 0.08, right at the legal limit.
He was charged under § 316.193(3)(c)2 and faced a felony record, up to 5 years in prison, and loss of his professional license.
We immediately got to work. We obtained traffic light data, dashcam footage, and weather reports. Our investigation showed that the motorcyclist had been speeding, ran a red light, and that visibility was poor due to heavy rainfall. We also hired a toxicologist who testified that my client's BAC may have peaked after the accident, not before.
The prosecution agreed to reduce the felony DUI charge to a misdemeanor reckless driving with alcohol-related conditions. My client served no jail time, kept his license with restrictions, and avoided a felony conviction.
This outcome was only possible because we moved quickly and treated the case with the seriousness it deserved. A public defender may not have had the time or resources to obtain this evidence.
How the State Tries to Prove Serious Injury DUI Cases
These cases often rely on three types of evidence:
- Field Sobriety Tests or breath, blood, or urine tests,
- Crash scene investigations and accident reconstruction,
- Medical records to prove the extent of injury.
But that does not mean the evidence is always accurate or fairly presented. Officers may exaggerate observations, tests may be flawed, and injuries may not meet the statutory definition of "serious."
Hiring a private attorney ensures that someone is actively challenging every step of the government's case rather than simply reacting to it.
Possible Defenses in DUI Serious Injury Cases
Every case is unique, but here are some defenses we have successfully raised:
Causation Challenges: The law requires that your alleged impairment caused or contributed to the injury. If the other driver was at fault or the injury occurred regardless of your condition, we can challenge causation. This is a common and critical issue in multi-vehicle crashes.
Improper Blood Testing: If you were taken to a hospital and had blood drawn, it must comply with strict Florida Department of Law Enforcement protocols. Any deviation may result in suppression of test results.
Challenging Seriousness of Injury: Sometimes prosecutors try to classify moderate or minor injuries as "serious" to pursue a felony. We work with medical experts to evaluate whether the injury meets the statutory threshold.
Unlawful Stop or Arrest: If officers lacked probable cause to detain you or administer tests, we can seek to have the evidence suppressed entirely.
These defenses require a proactive investigation, early involvement, and access to independent experts. Public defenders, though dedicated, are often juggling dozens of cases at once.
Why You Need a Private Attorney Right Now
From the moment you are arrested or even investigated, every move matters. Police reports, witness statements, and videos can disappear if not requested quickly. Prosecutors often make plea offers based on the evidence they have at the beginning.
When you hire a private attorney, you get someone who focuses on your case from day one. We subpoena medical records, depose witnesses, and review bodycam footage. We also work to keep the case from escalating—whether by pushing for pretrial diversion, negotiating a reduced charge, or filing a motion to dismiss.
You should not be alone when the stakes are this high. A private attorney gives you a voice, a strategy, and a path forward.
Other Relevant Florida Laws
Florida Statute § 322.28(2)(d) allows for mandatory license revocation upon conviction of DUI with serious injury.
"Upon conviction of DUI resulting in serious bodily injury, the department shall revoke the driver's license or driving privilege of such person for a minimum period of 3 years."
Florida Statute § 775.083 and § 775.082 outline sentencing for third-degree felonies, which include up to 5 years in prison and $5,000 in fines.
These penalties are just the beginning. A felony conviction can ruin employment prospects, cost professional licenses, and create problems with immigration or firearm rights. You deserve a defense aimed at protecting 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.
DUI With Injury In Florida Frequently Asked Questions (FAQs)
What is considered "serious bodily injury" under Florida DUI law?
Florida law defines serious bodily injury as an injury that creates a substantial risk of death, serious permanent disfigurement, or a prolonged impairment of a bodily function. This is more than a bruise or sprain. The prosecution must prove the extent of injury through medical records or expert testimony.
Is DUI with serious injury a felony in Florida?
Yes. Under Florida Statute § 316.193(3)(c)2, DUI with serious bodily injury is a third-degree felony punishable by up to 5 years in prison, 5 years of probation, and a $5,000 fine. It also includes a mandatory driver's license revocation.
Can I go to jail for DUI with serious injury if it was my first offense?
Yes, even a first-time DUI can lead to a felony charge if someone was seriously injured. However, your prior record, the facts of the crash, and the strength of your defense all play a role in whether you serve time. In many cases, we have successfully avoided jail for first-time offenders.
Do I need a lawyer if I think the crash wasn't my fault?
Absolutely. Causation is a key part of these cases. If you didn't cause the crash or your actions weren't what led to the injury, you may have a strong defense. But you need an attorney to gather that evidence and present it properly.
What happens to my driver's license if I'm charged with felony DUI?
A conviction results in a 3-year mandatory revocation. However, we often challenge the administrative suspension and seek hardship reinstatement when appropriate. The sooner we act, the better your chances.
Will this affect my job or professional license?
Yes. Felony convictions must often be reported to licensing boards, and many employers run background checks. Our goal is to avoid a felony conviction entirely so that your career stays on track.
Can the charges be reduced to a misdemeanor?
Yes, in some cases. If we can challenge the injury classification or the DUI evidence, prosecutors may agree to a reduction, such as to reckless driving. Every case depends on the facts and how early we can intervene.
What should I do after a DUI accident with injury?
Say nothing to police or insurance investigators without a lawyer. Do not post about the incident on social media. Collect names of witnesses, take photos if possible, and contact a private DUI defense attorney immediately.
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.