Facing a Felony DUI in Florida Can Change Your Life – We Fight to Protect Your Rights, Your Future, and Your Freedom
Driving under the influence charges are serious enough on their own, but when an accident results in serious bodily injury, the stakes rise dramatically. As a Florida criminal defense attorney who has defended countless DUI cases, I know firsthand how frightening and overwhelming it can be to face a felony DUI charge with severe penalties attached. If you are in this situation, you need to understand the law, what defenses may apply, and why hiring a private attorney immediately can be the difference between prison time and protecting your future.
Florida Law on DUI with Serious Bodily Injury
Under Florida Statute § 316.193(3)(c)2, DUI with serious bodily injury is a third-degree felony. The law states:
Statute Text: “Any person who causes or contributes to causing serious bodily injury to another person as a result of operating a vehicle while under the influence is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.”
A “serious bodily injury” is defined as an injury that creates a substantial risk of death, causes serious permanent disfigurement, or results in the loss or impairment of the function of a body part or organ.
Penalties for a conviction may include:
- Up to 5 years in prison
- Up to $5,000 in fines
- Driver’s license revocation of at least 3 years
- Mandatory DUI school and substance abuse treatment
- Restitution to the injured party
Beyond the legal penalties, a felony DUI conviction can ruin your reputation, cost you your job, and lead to civil lawsuits. This is why you need immediate and aggressive legal representation. A private defense attorney can start protecting you from the first moment of investigation, gathering evidence before it disappears, and building a strategy tailored to your case.
Why Immediate Legal Representation Matters
DUI with serious bodily injury cases are complex. Police officers, crash investigators, and state attorneys will already be working together to build a case against you. Prosecutors often rely heavily on accident reconstruction, blood alcohol concentration results, field sobriety tests, and witness statements. Without a private attorney on your side early, crucial evidence in your favor can be lost or ignored.
Public defenders handle many cases at once and may not have time to dig into the details. A private attorney like me has the resources to hire accident reconstruction experts, subpoena traffic camera footage, cross-examine witnesses, and challenge forensic evidence. My goal from the outset is to attack weaknesses in the state’s case and create reasonable doubt.
Real Case Example: A Felony DUI Charge Reduced to Reckless Driving
One client came to me after being charged with DUI with serious bodily injury following a collision in Tampa. He was accused of running a stop sign and injuring another driver, resulting in multiple fractures. His blood test came back just over the legal limit. He was facing up to five years in prison, thousands in fines, and a long-term felony record.
I began by reviewing every aspect of the case. We discovered that law enforcement failed to properly preserve the blood sample and did not follow chain-of-custody procedures. We also hired an accident reconstruction expert who proved the other driver was speeding and contributed to the crash. After months of challenging the state’s evidence, the prosecution agreed to drop the felony DUI charge and allow a plea to reckless driving with probation and no jail time. My client kept his license and his job.
This case highlights why having a private attorney matters. Without immediate intervention and resources to challenge the state’s version of events, my client could have faced years in prison for something that was not fully his fault.
Common Defenses to DUI with Serious Bodily Injury in Florida
Every case is different, but there are several defenses that can be raised to fight these charges. A private attorney has the time and resources to explore every option.
Lack of Impairment
The state must prove beyond a reasonable doubt that you were impaired or had a blood alcohol content of 0.08% or higher. We often challenge breath and blood test results by questioning:
- Whether the machine was properly calibrated
- Whether the officer followed correct testing procedures
- Whether medical conditions or mouth alcohol caused false positives
If impairment cannot be proven, the DUI charge cannot stand.
Causation
Even if you were impaired, the prosecution must prove that your actions caused or contributed to the injury. If another driver was speeding, texting, or otherwise negligent, that evidence can shift responsibility and weaken the state’s case.
Illegal Stop or Arrest
Under Florida Statute § 316.1932, implied consent laws allow testing for alcohol or drugs after a lawful arrest. If the stop or arrest was unlawful, any test results may be suppressed and excluded from the trial. Without test results, the prosecution may have no case.
Improperly Obtained Statements
If law enforcement violated your rights under Florida Statute § 901.31 or failed to provide Miranda warnings, any statements you made could be inadmissible. We file motions to exclude improperly obtained evidence, often leading to case dismissals or reduced charges.
Equipment or Testing Errors
Breathalyzer machines must meet strict standards under Florida Administrative Code 11D-8.002. If the state cannot prove proper maintenance or operator training, we can challenge the reliability of the results.
How Florida’s Sentencing Laws Affect Felony DUI
A third-degree felony under Florida Statute § 775.082 can carry up to 5 years in prison, but sentencing guidelines consider:
- Whether you have prior DUI convictions
- Whether a minor was in the vehicle
- Whether you were excessively speeding or fleeing law enforcement
- The severity of the victim’s injuries
A skilled attorney can argue mitigating factors, negotiate for reduced penalties, or pursue alternative sentencing such as treatment programs or probation. Without private counsel, you risk being sentenced at the highest levels because your side of the story is not fully presented.
Why You Need a Private Florida DUI Attorney Now
If you are accused of DUI with serious bodily injury, your future is at risk. A conviction could mean prison time, loss of your driving privileges, and a permanent felony record that affects your career and family. Private legal representation is your best chance to challenge the evidence, protect your rights, and avoid the harshest penalties.
At Musca Law, we have defended clients across Florida against serious DUI charges. We know how prosecutors build these cases, and we know how to dismantle them. From the moment you hire us, we put our resources to work for you: investigators, forensic experts, accident reconstruction specialists, and experienced trial lawyers all fighting on your behalf.
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 Serious Bodily Injury Defense Frequently Asked Questions (FAQs)
What qualifies as serious bodily injury in a Florida DUI case?
Florida law defines serious bodily injury as an injury that creates a substantial risk of death, causes permanent disfigurement, or results in the loss or long-term impairment of a body part or organ. Examples include broken bones, spinal injuries, or traumatic brain injuries. The severity of the injury determines whether the DUI is charged as a felony.
Can I be charged with DUI with serious bodily injury if I wasn’t over the legal limit?
Yes. Prosecutors can pursue charges if they believe you were impaired by alcohol or drugs, even if your blood alcohol level was below 0.08%. They often rely on officer observations, field sobriety tests, and drug recognition expert testimony. We challenge these subjective evaluations to show that you were not impaired.
Will I automatically go to prison for DUI with serious bodily injury?
Not necessarily. While prison is a possibility, there are defenses and legal strategies that can lead to reduced charges, probation, or alternative sentencing. A skilled private attorney can negotiate with prosecutors, highlight weaknesses in the case, and fight for a favorable outcome in court.
How can a private attorney help more than a public defender in my case?
Public defenders handle many cases and often lack the time or resources to thoroughly investigate complex DUI matters. A private attorney can hire accident reconstruction experts, challenge forensic evidence, interview witnesses, and dedicate focused time to your defense. This can lead to better results, including dismissals or reduced penalties.
What should I do immediately after being charged with DUI with serious bodily injury?
Do not discuss your case with police, victims, or insurance representatives without a lawyer. Contact a private DUI defense attorney immediately. Early legal intervention can help preserve evidence, challenge test results, and protect your rights before the case escalates.
Can DUI with serious bodily injury charges be reduced to reckless driving?
Yes. Depending on the evidence, we have successfully negotiated reduced charges to avoid a felony conviction. Factors include weak BAC results, shared fault in the accident, or mitigating personal circumstances. Each case is unique, and an experienced attorney can push for the best possible resolution.
What if the accident victim wants to drop the charges?
In Florida, prosecutors decide whether to pursue DUI charges, not the victim. However, the victim’s position can influence plea negotiations and sentencing recommendations. A private attorney can communicate with prosecutors to seek a more favorable outcome based on the victim’s wishes.
Will a felony DUI conviction affect my license permanently?
A felony DUI conviction can result in a multi-year revocation of your driver’s license. After serving your sentence and meeting other requirements, you may apply for reinstatement. We fight to protect your driving privileges by challenging suspensions early in the case.
How long does a DUI with serious bodily injury case take?
Cases can take several months or longer, depending on the evidence, injuries involved, and whether the case goes to trial. A private attorney works proactively to gather evidence, challenge the prosecution’s case, and seek dismissal or reduction as quickly as possible while preparing for trial if necessary.
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.