DUI Personal Injury

DUI resulting in personal injury is a serious offense - regardless of the extent of the injury to the alleged victim.  However, depending on the severity of the injury to the victim, DUI resulting in personal injury may be charged as a first-degree misdemeanor or third-degree felony.  If you were drinking prior to driving and you were charged with DUI resulting in personal injury to another individual, you should contact an experienced DUI attorney as soon as possible.  If you are charged with felony DUI with serious bodily injury, you may be facing up to five years in Florida State Prison.  The experienced DUI defense attorneys at Musca Law are prepared to fight for the best possible outcome in your case.

DUI Personal Injury (Without Serious Bodily Injury)
DUI personal injury without serious bodily injury to another is a first-degree misdemeanor.  In order to prove the crime of DUI personal injury Florida Statute § 316.193(3), the State of Florida must prove the following three elements beyond a reasonable doubt:

1. (Defendant) drove or was in actual physical control of a vehicle.

2. While driving or in actual physical control of the vehicle, (defendant)

   1. was under the influence of (alcoholic beverages) (a chemical substance) (a controlled substance) to the extent his or her normal faculties were impaired.

   2. had a (blood) (breath) - alcohol level of .08 or more grams of alcohol per (100 milliliters of blood) (210 liters of breath).

   3. As a result of operating the vehicle, (defendant) caused or contributed to causing (damage to the property of (victim) (injury to the person of (victim)).

Penalties of DUI Personal Injury (Without Serious Bodily Injury)
In addition the mandatory minimum penalties for a first DUI, if the defendant is charged with the first-degree misdemeanor DUI personal injury, he or she may be sentenced to a maximum of 364 days in county jail and court-ordered restitution to the victim as a condition of probation.  The penalties are outlined in detail below.

DUI Causing Serious Bodily Injury
DUI resulting in serious bodily injury is a felony with serious consequences.  Fla. Stat. § 316.193(3)(c)(2).  Serious bodily injury is defined as "an injury to any person...which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ."  Fla. Stat. § 316.1933(1)(b).  Simply put, serious bodily injury is any injury causing permanent disfigurement or loss of use or function.  In some cases, a permanent scar is sufficient to prove permanent disfigurement.

            In order to prove the crime of DUI causing serious bodily injury, the State of Florida must prove the following three elements beyond a reasonable doubt:

If you are charged with DUI causing serious bodily injury, you may be facing up to five years in Florida State Prison.  Time matters - contact an attorney as soon as possible.  The experienced DUI defense attorneys at Musca Law are prepared to investigate the facts of your case and fight to protect your rights.

Restitution
In addition to civil liability, if you are charged with DUI resulting in personal injury, you may also be court-ordered to pay restitution to any person injured as a result of the accident caused by your drunk driving.  Restitution is monetary compensation paid by criminal defendants to compensate victims for out-of-pocket expenses incurred by victims.  If the court orders restitution in addition mandatory DUI penalties, you may be on the hook for thousands of dollars. 

            Restitution is not automatic.  The State must prove the nexus (or link) between the crime and the injury or damage.  In DUI personal injury cases, the State must prove that the injury was caused while the defendant was driving under the influence of alcohol or a controlled substance.  Experienced DUI defense attorneys will seek a hearing on restitution or negotiate with the prosecutor to secure the best possible outcome in your case.

 Hire an Experienced Florida DUI Attorney
In Florida, many DUI accident investigations are conducted improperly by law enforcement -- violating your rights.  An experienced DUI attorney will investigate your case and provide you with the best chance of reducing your charges or completely avoiding a conviction.  For more information on DUI personal injury cases in Florida, or if you were arrested for DUI after an accident, please schedule a free, confidential consultation with an experienced Musca Law criminal defense attorney.  Contact Musca Law 24/7 by calling 1-800-MUSCA-LAW (1-800-687-2252).