DUI Serious Bodily Injury Defense Attorney
An arrest for a DUI can be frightening and intimidating, but when the state claims another person suffered a serious injury because you were driving under the influence, the stakes become much higher for you. Florida does not treat DUIs resulting in serious injuries as a traffic violation. They become a third-degree felony that can change the rest of your life.
If you are facing these charges in Southwest Florida, you may feel overwhelmed and uncertain about what comes next. At the Law Firm of Scott T. Moorey, we understand that good people can find themselves in difficult situations, and we fight for you to ensure you receive your due process rights and the strongest possible defense for your case. Our legal team is available 24/7 to help you fight for your future.
What is a Serious Bodily Injury DUI Charge And How Is It Different From A Standard DUI Charge?
A first-time Florida DUI is usually a misdemeanor. However, the charge rises to a felony if the state believes your intoxicated driving caused “serious bodily injury” to another person. This could be a passenger in your own car, someone in another vehicle or a pedestrian.
The difference lies in the severity of the harm. While a standard DUI focuses on your impairment as a driver, this felony charge focuses on the physical outcome of an accident and the harm you allegedly caused. Florida courts look for more than just cuts or bruises; they require evidence of broken bones, permanent scarring or injuries requiring surgery. The state must prove that your actions led directly to the injury.
Under Florida Statute §316.1933(1)(b), “serious bodily injury” is defined as a physical condition that creates a major risk of death, causes serious personal disfigurement, or results in the long-term loss or impairment of any body part or organ.
What Are The Penalties For DUI Serious Bodily Injury Convictions?
Because the state classifies this as a felony, the court can impose harsh punishments that reach far beyond those of a typical first-time DUI arrest. If you are convicted, you may face:
- Prison time: Up to five years in state prison.
- Fines: Financial penalties that can reach $5,000.
- License revocation: If you are convicted, the judge must take away your driver’s license for at least three years. This is separate from the shorter suspension you face immediately after your arrest. While you might be able to get a “hardship license” later to drive to work or school, the process is difficult and requires meeting several strict requirements.
- A permanent record: A felony conviction stays on your criminal record for life in Florida. This can limit your ability to find work, rent a home or own a firearm.
Our attorneys work collaboratively, leveraging their collective experience in defending serious felony cases. Together, we search for strategies that minimize the impact of the case outcome on your life.
The Legal Process For DUI Serious Bodily Injury In Lee County
The criminal justice system in Lee County moves quickly, especially in felony cases. Understanding the general timeline for the first steps in the process for this type of charge can help you feel more prepared for what lies ahead.
The 10-Day Window
In Florida, a DUI arrest triggers two separate cases: a criminal case in the Lee County courts and an administrative case with the Department of Highway Safety and Motor Vehicles (DHSMV).
Your driver’s license is typically suspended the moment you are arrested. You have exactly 10 days from the date of the citation to take action. If you do nothing, you will lose your ability to drive entirely once your 10-day temporary permit (the yellow citation) expires.
Our team can file for a “Formal Review Hearing” to protect your ability to drive for work or school while your criminal case is pending. In situations where your ability to drive to work or school is absolutely critical, you may choose to have our team waive your right to the Formal Review Hearing and receive a hardship license immediately.
Arraignment and Case Management
After your arrest, the first major court event is the Arraignment at the Lee County Justice Center. This is where you are formally charged. Shortly after, the court will schedule a Case Management Conference (CMC). In Lee County, the CMC is a critical checkpoint. The judge uses this hearing to ensure that both our team and the prosecution are exchanging evidence, such as:
- Results from blood or breath tests
- Witness statements from the scene of the accident
- Medical records of the person claiming injury
Discovery and “Track” Designations
Because a DUI with serious bodily injury is a felony, your case will be placed on a specific procedural “track.” These tracks set the deadlines for when discovery must be finished and when a trial should begin. During this phase, we are aggressive in our investigation. We look for any procedural errors made by law enforcement or gaps in the medical evidence provided by the state.
How We Defend Your Case
We do not simply accept the state’s version of events. Our team looks at your case from every angle to build a strong defense. We focus on two main areas:
- Causation: We look for evidence that shows you were not the cause of the accident. Even if evidence shows you were legally intoxicated at the time of the accident, the state must prove your driving caused the injury.
- Severity of injury: We review medical records to see if the injury truly meets the legal definition of “serious.” If the injury is less severe than the state claims, we may be able to get your felony charge reduced to a misdemeanor.
Our goal is to find the best possible outcome, whether that means getting charges dropped, negotiating for a lesser offense like reckless driving or fighting for a “not guilty” verdict at trial.
Contact Our Legal Team For Immediate Help
Time is a critical factor in a DUI serious bodily injury case. Decisions made in the first few days can impact your license and your freedom. The DUI serious bodily injury attorneys at our firm are ready to listen to your side of the story and start building your defense. We have served the Southwest Florida community since 1998, and we know how the local courts operate. To get started, call us at 888-821-9168 or contact us online to schedule your free consultation.