DUI charges lead to some severe penalties. Florida, along with many other states, has cracked down on crimes related to driving under the influence of drugs or alcohol. However, these penalties could worsen to extreme amounts if the DUI also led to someone else’s serious bodily injury.
Depending on the circumstances you could be charged with a lighter or heavier sentence depending on how severe the DUI-caused injuries are. Non-serious injuries would lead to a misdemeanor, while serious bodily injury might result in a felony.
Serious Bodily Injury
According to Florida Statutes Section 316.193(3), the crime of DUI Causing Serious Bodily Injury includes 3 factual elements. 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:
- The defendant drove or was in actual physical control of a vehicle.
- The defendant was under the influence of alcohol to such an extent that his or her normal faculties were impaired or had a blood alcohol content (BAC) of 0.08% or higher, during the time he or she was driving or in control of the vehicle.
- As a result of operating the vehicle, the defendant caused or helped cause serious bodily injury.
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.
Penalties for Serious Bodily Injury
According to Florida law, causing serious bodily injury with your DUI is a 3rd-degree felony. If you are found guilty, you could face up to 5 years in prison or 5 years of probation and a $5,000 fine. 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 56. Up to 40 more points could be added to the sentencing score if the prosecution succeeds in having the victim’s injuries classified as severe. If you then end up with a score of 96 sentencing points, you will receive a minimum mandatory prison sentence of 4 years and 3 months (51 months).
Non-Serious Bodily Injury
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. If you are convicted, you will be guilty of a first-degree misdemeanor and will receive up to 12 months in jail and a $1,000 fine.