The prosecutor in a DUI with serious bodily injury case must prove three facts beyond a reasonable doubt.
These are:. If a prosecutor cannot establish all of the above elements beyond a reasonable doubt, there can be no conviction.
Lawyer for Felony DUI with Serious Bodily Injury Cases in Tampa, FL
The Florida Criminal Punishment Code considers DUI with serious bodily injury a level 7 offense meaning that, depending on the facts of your case, your charges could receive enough sentencing points upon a conviction that will lead to a mandatory minimum prison sentence. A person with no prior record could face a mandatory sentence of four years and three months in a Florida state prison. Those facing charges for DUI with serious bodily injury may also be the target of a civil lawsuit for damages victims suffered. Your defense lawyer should be able to help you resolve these issues alongside your criminal case.
A charge of driving under the influence causing serious bodily injury is one of the most harshly-persecuted DUI offenses in Florida. Individuals facing such charges are strongly recommended to hire an experienced and strong-willed lawyer who has a successful track record defending those accused of severe DUI offenses.
Facing Property Damage DUI Arrest?
Attorney Brian P. These 3 elements must all be proven beyond a reasonable doubt before you can be convicted of this charge. The 3 features include the following:.
In order to be considered serious, the injury must have put the victim at substantial risk of death, put the victim at a significant risk of serious personal disfigurement, or created a substantial risk of protracted loss or impairment of the function of a body part or organ. According to Florida law, causing serious bodily injury with your DUI is a 3 rd -degree felony. You will also likely be asked to provide restitution to compensate the victim for his or her financial losses.
This offense also carries the potential for a minimum mandatory prison sentence. This crime is a Level 7 offense, which is given a primary offense point value of If you then end up with a score of 96 sentencing points, you would receive a minimum mandatory prison sentence of 4 years and 3 months 51 months. A non-serious bodily injury could be anything less severe than what was described above. Even a bruise could be considered a non-serious injury. DUIs leading to serious bodily injury are some of the most severely prosecuted DUI offenses in the state.
Make sure you have an experienced attorney on your side who is dedicated to defending your rights and freedom.
Let us see what we can do for you. Jose Cabrera. Christina DiCaro. Jonah Dickstein.
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