DUI Causing Serious Bodily Injury
Being charged with a DUI is a serious criminal offense in its own right, however, being accused of inflicting injuries to another person in connection with a DUI offense is far worse and reaps much harsher consequences.
A DUI that resulted in serious bodily injury to another person could result in a plethora of penalties including being forced to spend multiple years in prison, an obligation to pay thousands of dollars in fines, and having to live with the reputation of being a drunk driver that injured an innocent person for the remainder of your life.
If you have been arrested for a DUI which allegedly resulted in someone being injured, you need to contact an experienced Miami-Dade criminal defense attorney while your innocence can still be proven.
Miami DUI Causing Serious Bodily Injury Attorney
If you have been arrested for DUI and allegedly injured someone in the same occurrence, you need to secure legal counsel from an experienced Miami DUI criminal defense attorney immediately to help preserve your case and protect your freedom.
Attorney Hoffman of The Hoffman Firm has successfully represented clients accused of DUI involving serious bodily injury, DUI manslaughter, DUI resulting in property damage, and a wide variety of other DUI offense.
With offices conveniently located in Miami and North Miami, The Hoffman Firm is able to serve clients with all of their legal needs in Aventura, Doral, Coral Gables, Homestead, Miami Beach, and the entire Miami-Dade County of Florida.
When dealing with DUI related offenses, every minute counts. Contact The Hoffman Firm today at (305) 249-0090 or submit an online contact form to have your case reviewed by a knowledgeable Miami criminal defense attorney with a proven track record of success.
What is a DUI Causing Serious Bodily Injury in Miami?
According to Florida Statute 316.193, a person has committed the criminal act of DUI causing serious bodily injury when they are driving or in physical control of a vehicle, while their normal faculties have been impaired due to the consumption of alcohol or a controlled substance, and they cause or in any way contribute to a serious personal injury of another.
In order to be convicted of DUI causing serious bodily injury, the prosecution must prove the following elements:
- The Defendant was Driving or in Physical Control of a Motor Vehicle,
- The Defendant was Under the Influence of Alcohol and His or Her normal Faculties Were Impaired While Driving the Motor Vehicle,
- The Defendant had a BAC of 0.08 or Above, and
- The Defendant Caused or Contributed to the Serious Bodily Injuries of Another Person While Driving Intoxicated
What Does Serious Bodily Injury Mean?
Florida Statute 316.1933 defines "serious bodily injury" as an injury to any person, including the driver, which consists of a physical condition that either:
- Creates a Substantial Risk of Death,
- Serious Personal Disfigurement, or
- Protracted Loss or Impairment of the Function of Any Bodily Member or Organ
Penalties for Serious Causing Bodily Injury DUI
A motorist that caused serious bodily injury to another person while they were driving with a BAC of 0.08 or above could be charged and convicted of DUI causing serious bodily injury, a third-degree felony offense.
In addition to the mandatory minimum sentence of fifty-one (51) months in prison the judge must impose, the following penalties could also be added:
- Up to Five (5) Years in Prison,
- Up to Five (5) Years of Probation,
- Up to a $5,000 Fine,
- Driver's License Revoked,
- Driver's Vehicle Impounded, and
- Community Service
Factors that Further Enhance DUI Offenses
As with most criminal acts committed in Florida, the circumstances surrounding a person's arrest could significantly impact the crime they are charged with and the severity of the penalties that will later be imposed.
Factors that Could Further Enhance a DUI Causing Serious Bodily Injury Offense Include:
- Breath, Blood, or Urine Test Registered BAC at 0.15 or Above,
- DUI with a Minor in the Vehicle, and
- Property Damage
Florida Serious Bodily Injury DUI Resources
Florida Highway Patrol – Visit this website to obtain additional information regarding the tactics used by Florida's Highway Patrol units to ensure motorist safety and their diligent efforts to ensure safe roadways for the State of Florida.
Florida Department of Law Enforcement – Visit this website for more information about the many ways the Florida Department of Law Enforcement promotes public safety on Florida's roadways through collaborative efforts with local, state, and federal justice agencies.
Miami Serious Bodily Injury DUI Attorney
If you were arrested for a DUI and have been accused of inflicting a serious bodily injury to another person, please take your legal matter seriously because your freedom is in dire jeopardy. You need a Miami criminal defense attorney that has experience handling cases involving DUI related offenses.
The Hoffman Firm has successfully represented clients charged with a variety of DUI-related crimes, including but not limited to, DUI causing serious bodily injury, DUI manslaughter, DUI with a child passenger, DUI involving property damage, and commercial vehicle DUI.
With offices conveniently located in Miami and North Miami, The Hoffman Firm has provided effective and efficient representation to clients in Coral Gables, Homestead, Miami, Miami Beach, Hialeah, Doral, and Miami-Dade County, Florida at large.
Contact us today at (305) 249-0090 or submit an online contact form to schedule your free initial consultation so we can review your case and develop a strategy to help resolve your legal matter.
Evan A. Hoffman
Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.Read More
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