A DUI Crash with Injury Can Lead to Felony Charges, Mandatory Prison, and Life-Altering Consequences

If you're facing DUI charges after a crash that resulted in someone else getting injured, the stakes are significantly higher than a standard DUI case. I've handled many of these cases across Florida, and I can tell you firsthand that the State does not go easy when there's a victim involved. Prosecutors will often push for the maximum penalty, and they will build their case using crash reports, toxicology, and even victim impact statements. The moment injury is part of a DUI accusation, you are at risk of being charged with a felony, even if you have no prior criminal record.

You need to know your rights and understand what you're up against. Florida law takes DUI with injury seriously, and without proper defense from the start, the consequences can be severe. In this article, I'll break down the charges, penalties, legal statutes, defenses, and a real case where we successfully defended a client in your shoes. I'll also explain why having a private criminal defense attorney is absolutely essential in these cases.

DUI Involving Injury: The Statute and the Charges

Under Florida law, the offense of DUI resulting in injury falls under Florida Statute § 316.193(3). The statute outlines various levels of severity depending on how serious the injury is.

Florida Statute § 316.193(3):

"Any person who, by reason of operating a vehicle in a manner that causes or contributes to causing damage to the property or person of another, and is under the influence of alcoholic beverages… commits a misdemeanor or felony depending on the severity of the injury."

This statute is where things change quickly. If a DUI leads to serious bodily injury, the charge becomes a third-degree felony.

Florida Statute § 316.193(3)(c)2:

"Any person who causes or contributes to causing serious bodily injury to another, while driving under the influence… commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084."

Serious bodily injury is defined as an injury that causes a substantial risk of death, permanent disfigurement, or long-term loss of bodily function.

Penalties for DUI with Injury in Florida

If convicted of DUI causing serious bodily injury in Florida, here's what you may face:

  • Third-degree felony conviction, punishable by up to 5 years in Florida State Prison under § 775.082
  • Fines up to $5,000 under § 775.083
  • Driver's license revocation for a minimum of 3 years under § 322.28(2)(b)
  • Mandatory probation and community service
  • Victim restitution
  • Vehicle impoundment
  • Court-ordered DUI programs, alcohol testing, and treatment

Prosecutors will almost always file charges aggressively when there is an injured victim. Even if the injury was minor, they often overcharge and use the injury as leverage to secure a guilty plea or harsh sentence. This is why it's critical to have a private attorney involved from the beginning, someone who can challenge the severity of the injury, the causation, and even the BAC or field sobriety test results.

Real Case Example: DUI Injury Charge Dismissed Before Trial

One of my former clients was arrested after a rear-end collision in Broward County. The other driver claimed she suffered a fractured wrist. Police at the scene noted a strong odor of alcohol, and my client admitted to having "a couple drinks." He was charged with DUI with serious bodily injury, a third-degree felony.

When we took the case, we demanded all medical records and challenged whether the injury met Florida's legal definition of serious bodily injury. We also discovered that the breath test was administered nearly two hours after the crash, and the machine had been improperly maintained.

Through aggressive pre-trial motions, we were able to exclude the breath test results, reduce the severity of the injury classification, and ultimately get the felony charge dismissed. The case was resolved as a reckless driving offense with probation and no jail time. Without a private attorney who had time to go through every detail, that outcome would not have been possible.

Lesser Charges: DUI with Non-Serious Injury or Property Damage

Not every injury case results in felony charges. If the injury is classified as minor or there was only property damage, you may be charged under Florida Statute § 316.193(3)(c)1. This is a first-degree misdemeanor, punishable by:

  • Up to 1 year in county jail
  • A fine up to $1,000
  • Driver's license suspension
  • Probation and community service
  • Mandatory DUI education and alcohol evaluation

Even though this is a misdemeanor, it still creates a permanent criminal record and can impact employment, insurance, and immigration status. A private attorney can often negotiate to reduce these charges further or work toward a dismissal depending on the facts of the case.

Defenses to DUI Causing Injury Charges

These cases are fact-intensive, and there are often multiple angles we can pursue to defend you. Some of the most effective defenses include:

Causation Challenges

The prosecution must prove you were the one who caused the crash and that your impairment directly contributed to the injury. If the other driver was at fault, we can argue that your alcohol consumption was not the cause of the injury.

Injury Classification Disputes

We often challenge whether the injury truly qualifies as "serious bodily injury" under Florida law. This can have a majorimpact on whether the charge is a felony or a misdemeanor.

Suppression of BAC or Breath Results

Improper breath test administration, faulty equipment, or failure to follow procedures under Florida Administrative Code Rule 11D-8 can lead to breath test results being suppressed.

Illegal Traffic Stops

Police must have reasonable suspicion to stop your vehicle. If they stopped you without a valid legal reason, any evidence obtained afterward, including BAC tests or statements, may be thrown out.

Medical Conditions and Field Sobriety Tests

Medical conditions like inner ear problems, fatigue, or diabetes can mimic signs of impairment. Field sobriety tests are subjective and can be attacked through cross-examination of the officer's training and observations.

Each of these defenses requires time, attention to detail, and a deep understanding of DUI and criminal procedure. A private criminal defense lawyer can focus fully on your case, unlike an overburdened public defender with dozens of other clients.

Why You Must Hire a Private Attorney for DUI with Injury Charges

When the State accuses you of injuring someone while driving under the influence, it's not just a traffic offense anymore. It's a criminal case with long-term consequences. You're facing jail or prison time, a felony conviction, and permanent damage to your name.

A public defender may be assigned to your case, but they're often spread thin and may not be able to file every motion, meet with every witness, or bring in the experts needed to fight back. As your private defense attorney, I commit my full attention and resources to uncover every weakness in the prosecution's case and fight for the best possible outcome.

I can begin working immediately to preserve surveillance footage, subpoena medical records, request breathalyzer maintenance logs, and protect your rights in DMV hearings and court proceedings.

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 Felony DUI Frequently Asked Questions (FAQs)

Is DUI with injury a felony in Florida?

It depends on the level of injury. If the other person suffers serious bodily injury, the offense is a third-degree felony under Florida Statute §316.193(3)(c)2, punishable by up to five years in state prison. If the injury is minor, it may be treated as a first-degree misdemeanor.

What is considered serious bodily injury under Florida law?

Serious bodily injury means any physical injury that creates a substantial risk of death, causes serious disfigurement, or results in long-term loss or impairment of a body part or function. Medical records, photographs, and expert testimony are often used to establish whether an injury meets this threshold.

Can I be charged with DUI with injury if the accident wasn't my fault?

Yes, but the State still has to prove causation. If you were impaired but another driver ran a red light or caused the crash, that can be a key part of your defense. It's not enough for them to show you were impaired, they must also show your actions caused the injury.

Will I lose my license if I'm convicted of DUI with injury?

Yes. A DUI with injury conviction results in a minimum 3-year driver's license revocation under Florida Statute §322.28. You may be eligible for hardship reinstatement after a certain period, depending on the facts and your prior record.

Can I go to jail for DUI with property damage only?

Yes, even if no one was injured. DUI with property damage is a first-degree misdemeanor, and the court can impose up to 12 months in jail, fines, license suspension, and other penalties. However, a skilled defense attorney may be able to negotiate this charge down to reckless driving or a diversion program.

How does the prosecution prove impairment?

They rely on officer observations, field sobriety tests, breath or blood test results, and sometimes accident reconstruction evidence. As your attorney, I work to challenge the reliability and legality of all this evidence to create reasonable doubt.

Can a DUI with injury conviction be expunged or sealed?

No. Florida law does not allow the sealing or expungement of DUI convictions, even if they are misdemeanors. That's why it's critical to fight these charges before they result in a conviction.

What should I do immediately after a DUI accident involving injury?

Do not speak to police or insurance investigators without a lawyer. Preserve any photos, video, or documents from the scene. Then call a DUI defense attorney as soon as possible to begin building your defense and protecting your rights.

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.