West Palm Beach DUI with Injury Defense Attorney
Individuals in Florida who are caught operating or in actual physical control of a motor vehicle after consuming drugs or alcohol can face criminal prosecution for driving under the influence (DUI). If a collision occurs which results in serious injury to another person, the person suspected of DUI can face more severe penalties for the offense DUI with Serious Bodily Injury.
When another person is injured at the hands of someone driving under the influence, Florida prosecutors will aggressively pursue the maximum penalties if they secure a conviction. It’s worth noting that these cases are often complex and emotionally charged. To protect yourself and your future, consider hiring a defense attorney to represent your case.
The defense attorneys with Ian Goldstein Law possess a deep understanding of Florida’s DUI laws and have a proven record of successfully defending clients accused of charges like these. When you trust us to represent you, we will meticulously examine every aspect of the case, including reviewing any field sobriety exercises, breath, blood and urine tests to make sure they were properly administered. If not, the court may suppress this critical evidence.
If you’re seeking a strong defense against allegations of DUI with Serious Bodily Injury, don’t hesitate to contact the Law Office of Ian Goldstein for a free and confidential consultation. Your future is our priority, and we are here to fight for the best outcome on your behalf.
South Florida DUI Criminal Defense Attorney
Have you or someone you love been accused of drunk driving that resulted in serious bodily injury? This is not an accusation you want to take lightly. Florida has extremely harsh penalties for standard DUIs. Someone charged with driving under the influence resulting in injuries can face even more severe forms of punishment.
At this time, the best thing you can do for your case is to secure the knowledge and guidance of a South Florida criminal defense attorney. The lawyers with Ian Goldstein Law are prepared to represent you during this difficult time. Call our office today at (561) 600-0950 to schedule a free consultation with our legal team.
Drunk Driving Laws in West Palm Beach, FL
When a motorist is caught driving after having consumed alcohol or controlled substances, they can face criminal prosecution under a driving under the influence (DUI) charge.
Florida Statute Section 316.193 explains a person is guilty of DUI in the following scenarios:
- A person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood;
- A person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath; or
- A person is caught driving or in actual physical control of a motor vehicle when their normal faculties are impaired by alcoholic beverages, chemical substances, or controlled substances such as illegal drugs.
Actual physical control is an important term when dealing with DUI cases. What this means is that you do not have to be operating the vehicle to be charged with a DUI offense. The vehicle does not even have to be running for you to be considered in actual physical control. If you otherwise satisfy the elements of DUI and are inside a motor vehicle with the apparent ability to operate it if you wanted, you can be charged with DUI.
Definition of DUI with Serious Bodily Injury
Florida law defines “serious bodily injury” as an injury to a person, including the driver, which consists of a physical condition that creates a substantial risk of the protracted loss or impairment of the function of an organ or bodily member, serious permanent disfigurement, or death.
Under the Florida Bar Criminal Jury Instructions for Driving Under the Influence Causing [or Contributing to Causing] Serious Bodily Injury, the prosecution must be able to prove the following three elements beyond a reasonable doubt to convict a criminal defendant of DUI with serious bodily injury:
- The defendant drove or was in actual physical control of a motor vehicle;
- While driving or in actual physical control of the vehicle, the defendant was under the influence an alcoholic beverage, chemical substance, or a controlled substance to the extent that their normal faculties were impaired, or had a blood- or breath-alcohol level of 0.08 or higher; and
- As a result of operating the vehicle, the defendant caused or contributed to the serious bodily injury of a person.
Consequences of DUI with Serious Bodily Injury
Law enforcement in West Palm Beach and the rest of Florida take drunk driving offenses very seriously. While standard DUI charges already come with a lengthy list of penalties, they could become even more severe if the criminal offense caused serious injury to another person.
Under Florida Statute Section 316.193(3)(a)2, a defendant accused of DUI with serious bodily injury faces a third-degree felony. A conviction can carry:
- Up to $5,000 in fines; and
- Up to five (5) years in prison.
Florida’s Criminal Punishment Code ranks DUI with serious bodily injury as a Level 7 offense. That means while the maximum sentence would be five years, a conviction could result in the judge giving a mandatory minimum sentence of 51 months (4 years and 3 months) after factoring in the severity of injury to the victim. Additional penalties the defendant may face that are unique to DUI cases include:
- Up to five years of probation;
- Completion of community service;
- Impoundment of motor vehicle;
- Completion of a DUI Substance Abuse Course;
- Psychosocial evaluation for substance abuse, and completion of any recommended treatment:
- Installment of an interlock ignition device (IID); and/or
- Suspension or revocation of driver’s license.
When a motor vehicle crash occurs in Florida that results in serious bodily injury, the individuals involved are required to immediately stop and remain at the scene to provide their information and render aid, if necessary. Under Florida Statute Section 316.027(2)(b), any person who fails to abide by the rule for stopping and rendering aid (as established under Florida Statute Section 316.06(2) can face a second-degree felony. Keep in mind that this would be a criminal charge in addition to the DUI charge. If convicted on a charge of leaving the scene of a DUI accident resulting in serious bodily injury, the defendant can face:
- Up to $10,000 in fines; and
- Up to 15 years in prison.
DUI with Serious Bodily Injuries Enhanced Penalties
A defendant who is charged with DUI with serious bodily injury can face enhanced penalties if they have a breath- or blood-alcohol level of 0.15 or higher, or if they had a minor in their vehicle at the time of the alleged offense.
- Fines for BAL of 0.15 or higher or Accompanied by a Minor:
- First DUI conviction – Not less than $1,000 or more than $2,000
- Second DUI conviction – Not less than $2,000 or more than $4,000
- Third or subsequent – Not less than $4,000
- IID Mandatory Placement for BAL of 0.15 or higher or Accompanied by a Minor:
- First DUI conviction – Six continuous months up to one year; and
- Second or subsequent conviction – Not less than two consecutive years.
Defense Strategies for a DUI Charge
Getting accused of a DUI offense in Florida is understandably stressful. When a person is accused of causing physical harm to another person because of their criminal activity, the stakes are even higher. It’s important to establish that there still may be defense strategies you can use to avoid a conviction. Examples of defenses to a DUI with Serious Bodily Injury charge include, but are not limited to:
- Inadmissible breath test results – A common way police officers test for suspected DUI is by requesting a driver to submit to a breathalyzer. This is a device which measures a driver’s BAL level post-arrest. However, failing to follow the device’s requirements could result in inadmissible breath results.
- Field sobriety tests conducted improperly – Police officers often conduct field sobriety exercises for suspected DUI. This can include assessing the driver’s physical abilities by walking in a straight line. However, if the driver has any prior disabilities or the test was conducted in a distracting environment, this could affect the test’s outcome and may be deemed inadmissible in court.
- Faulty blood test – As with any tests for DUI, the results can be faulty if law enforcement does not administer them properly. If your blood test was taken too late or was conducted by a person not qualified to do so, you can have a defense attorney argue to get the charges lessened or dismissed.
- Defendant was not considered in actual physical control – An experienced Palm Beach criminal defense lawyer can argue against the charges if the defendant was not driving or in actual physical control of the vehicle at the time of the offense.
- Lack of serious injuries – If the DUI incident didn’t result in serious bodily injury, a defense attorney can challenge the charge and attempt to get it lowered to a lesser offense.
Contact a West Palm Beach defense attorney to go over the circumstances of your DUI charge(s). There may be other defense strategies not listed above that may be applicable to your case.
Contact a DUI Defense Attorney in West Palm Beach
If you were recently arrested for a DUI offense that resulted in the significant injury of another person, securing legal representation should be your top priority at this time. Florida’s legal landscape can be extremely complex, especially surrounding DUI charges. To receive the most ideal outcome for your criminal case, consider hiring a defense attorney with the Law Offices of Ian Goldstein.
As an experienced member of the Florida Bar, Ian Goldstein has a broad understanding of criminal charges and how to accurately defend those in need. We can provide legal insight, work with expert witnesses to reexamine evidence of the crime scene, and cross examine witnesses in the case. Our goal is to get your charges reduced to a lower offense, or to challenge to have the charges against you dropped completely.
With over 25 years under our belt, let the defense attorneys with Ian Goldstein Law represent your case. We’ll provide you with a free consultation when you call (561) 600-0950.