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Criminal Defense Lawyer in Orlando, FL

DUI With Serious Bodily Injury

Thanks to sensationalized media and television, most people believe driving under the influence always involves someone who is black-out drunk causing a devastating car accident. However, most DUIs actually just involve first-time offenders whose blood alcohol levels are barely over the legal limit, with no collateral damage at all. 


This baseline charge of simply driving under the influence is a misdemeanor. First-time offenders can be charged with up to 6 months in prison and a $500 to $1,000 fine. Even second-time offenders of a simple DUI only see up to 9 months in prison and a fine between $1,000 to $2,000. And even these are possible to avoid in most counties thanks to pre-trial diversion programs.


The real severity behind DUI charges lie in the aggravating factors. A third-time offense within 10 years of the second can lead to a third-degree felony charge, and any subsequent charges after the third, regardless of timeline, will always be a felony. 


Another major aggravating factor lies in what television loves to sensationalize: the serious bodily injury of a third party. 


What is Serious Bodily Injury?


According to Florida law, serious bodily injury is defined as “injury to any person, including the driver, 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.” Basically, anything beyond some cuts and bruises will probably qualify as serious bodily injury, and even a cut or bruise can qualify if it’s bad enough. 


DUI serious bodily injury is charged with a third-degree felony for a first offense. This is punishable by up to 5 years in prison and a $5,000 fine. 


Of course, if any other aggravating factors are present, that prison sentence and fine can increase exponentially. Such factors include (but aren’t limited to): 


  • A blood- or breath-alcohol level above 0.15
  • The presence of a minor (someone under the age of 18) in the vehicle at the time of the DUI
  • Damage to person or property
  • Multiple convictions


It’s important to note that “damage to person or property” of course includes things like damaging someone else’s things (like their car, or their mailbox, etc), but it also includes smaller, smaller, less-significant injuries that don’t qualify as serious bodily injury. 


There are also a variety of crimes that are often committed alongside driving under the influence that can lead to a compound sentence. For example, fleeing from law enforcement officers, reckless driving, driving without a license, etc. 


How to Defend Against DUI with Serious Bodily Injury


As you can see, driving under the influence doesn’t always, or even often, result in severe consequences. However, in situations where severe consequences are warranted, they are indeed severe. 


All hope is not lost, though. A skilled defense attorney like Will Hanlon with Hanlon Law can look at all the facts of the case to help you come up with the best possible defense. Some possible defenses include: 


  • Lack of serious bodily injury: the condition of the alleged victim does not constitute serious bodily injury
  • Lack of causation: you were intoxicated, but you didn’t actually cause the crash
  • Violation of rights: your constitutional rights were violated during the course of the investigation and/or arrest


Lakeland Criminal Defense Lawyers 


If you’ve been charged with a DUI with serious bodily injury, or any other kind of DUI, Hanlon Law can help. Our founder, Will Hanlon, has spent nearly two decades defending the accused. Our dedicated legal team will work tirelessly on your behalf to help you secure the best possible outcome. Contact us today to schedule a free consultation.

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