DUI With Serious Bodily Injury
Someone who drinks and drives in Florida can be charged with driving under the influence if their Blood Alcohol Concentration (BAC) is .08 or over. Furthermore, if someone is in a car accident that causes death or serious bodily injury, and the officer at the scene has any reason to believe alcohol was involved, the driver will automatically be submitted to a blood test to determine their BAC. Individuals facing a conviction for this offense, can potentially be punished with jail or prison time and fines.
Tallahassee DUI With Bodily Injury Attorney
If you have been charged with a DUI with Serious Bodily Injury in Leon County, an attorney can examine the particular facts of your case, and find mitigating circumstances or a defense to reduce your charge or have it completely dropped. Don Pumphrey, Jr. has experience representing these cases and never settles for the easiest outcome. If you have been charged with a this serious offense, contact Don Pumphrey, Jr. today for a consultation about your alleged offense. Our law offices serve Tallahassee, Monticello, Crawfordville, Midway, and nearby areas.
Florida DUI With Serious Bodily Injury Center
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Florida Definition for DUI With Serious Bodily Injury
Under Florida Statutes § 316.193, a person who was driving a car that is involved in a car accident resulting in death or serious bodily injury, and who fails a breath test for intoxication with a Blood Alcohol Concentration of .08 or higher, can be charged with a Driving Under the Influence causing Serious Bodily Injury.
“Serious Bodily Injury” in Florida means, under Florida Statutes § 316.1933, any injury to a person involved in the car accident, including the driver, that involves physical disfigurement, loss or impairment of bodily functions, or any injury that will likely result in death.
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Other Possible Repercussions
Potential penalties for individuals convicted of this offense, in addition fines and jail time are:
- Probation with monthly reporting
- Completion of a substance abuse course
- Community service
- License suspension for at least three years
- Civil lawsuits for damages
- Reputation damage
- Loss of employment
- Destroyed relationships with family members and friends
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Penalties for DUI With Serious Bodily Injury in Florida
A conviction for DUI With Serious Bodily Injury that only results in serious bodily injury, and not death, is a felony of the third degree. This felony can involve Florida prison time of five years or less and/or fines up to $5,000.
If the alleged crime resulted in death, it is called DUI Manslaughter, and can result in a second degree felony conviction. These felonies can include up to 15 years in state prison and/or fines not exceeding $10,000.
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Defenses to DUI Serious Bodily Injury in Florida
Someone who has been charged with this offense may be able to have this charge reduced or dropped.
Faulty Blood Test – the blood test used by the officer at the scene of the arrest may have been faulty. For example, if the officer administered the blood test too late, the results may be inaccurate. Or, the test may be able to be thrown out if it was improperly administered by the officer, or was administered by an unqualified person. Additionally, the blood test may have been tainted in the laboratory, which would produce skewed results.
Driving – if you were not the person actually driving the car, you may be able to have the charges reduced or dismissed. The prosecution will have to prove you were the person actually driving the car when the accident occurred.
No Serious Injuries – If the car accident did not result in serious injuries to the body, or injuries that likely would result in death, then your charge can possibly be reduced to a less severe charge.
Constitutional Violations – The arresting officer may have violated your constitutional rights, which could lead to your charge being dismissed or reduced. Examples of constitutional violations are if the arresting officer did not have probable cause to stop your car, or the arresting officer failed to give you Miranda Warnings.
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Law Offices of Don Pumphrey, Jr. | DUI Injury Lawyer in Tallahassee
If you have been charged with this offense in Leon County, Tallahassee, contact Don Pumphrey, Jr., of the Law Offices of Don Pumphrey, Jr. to discuss the facts of your particular case. An experienced attorney may be able to reduce your penalties or have your charge dismissed altogether. Lawyer Don Pumphrey, Jr. has represented those accused of DUI in Leon County, and will aggressively fight your criminal charge. Contact Don Pumphrey, Jr. at (850) 681-7777 for a consultation about your alleged DUI offense.