DUI with Injury - Orlando DUI Defense Lawyer

If you are facing charges of DUI with bodily injury, you need an effective lawyer at your side. An Orlando DUI attorney at TK Law is available to protect your rights immediately.

Being arrested for DUI is a scary, overwhelming experience. If the offense comes with an injury to another, the charges are enhanced. A conviction of Driving Under the Influence with Serious Bodily Injury is a third-degree felony punishable by up to five years in prison and up to a $5,000 fine.

A conviction will also result in a mandatory 3-year license suspension, vehicle impoundment, and significantly increased insurance rates. Moreover, a felony DUI on a person’s record will create lifelong disadvantages regarding employment, as a DUI conviction can never be sealed or expunged from a criminal record.

Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376)

The DUI defense attorneys at TK Law know the laws and how the courts work in the Orlando and Central Florida areas. If you are charged with a DUI with serious bodily injury, we can investigate every detail to identify any flaws in the evidence so that we can seek either a lesser charge or a total dismissal of your case.

DUI with Injury Defined

Florida law states that a driver is guilty of DUI in Florida if his or her blood alcohol content (BAC) is at or above the legal limit of .08. The BAC only has to be .02 or higher for a person under 21 to be charged with DUI, and.04 or higher if the person is a commercial vehicle driver.

Serious Bodily Injury (SBI) is defined by Florida law as any injury resulting from an accident that poses a risk for death, disfigurement, or the loss or impairment of the function of any body part or organ. In addition to felony DUI charges, a driver arrested for DUI Serious Bodily Injury can be held liable for restitution to the victim for medical expenses resulting from his or her personal injury. The victim may also institute a civil lawsuit apart from the criminal action in order to recover other damages.

Penalties for DUI with Serious Injury

Florida DUI penalties increase based on prior DUI convictions and the severity of the current DUI charge.

Under Florida statutes, a Criminal Punishment Code Worksheet is used to calculate the criminal sentence for all felony crimes, including DUI Serious Bodily Injury. This scoring system determines a maximum allowable sentence:

  • DUI with injury is a Level 7 offense which scores 56 points;
  • Points are also scored for victim injury:
    If the injury is scored as “severe,” add 40 more points;
    If the injury is scored as “moderate,” add 18 more points;
    If the injury is scored as “slight,” add 4 more points.
  • Depending on the severity of the injuries involved, a driver could score up to 96 points for DUI Serious Bodily Injury. A score of 96 translates to a minimum prison sentence of 51 months (approximately 4 years) in a Florida State Prison.

If you are facing a DUI involving injury, it is essential that you fight the charge using every legal defense available. At TK Law, you are not hiring one lawyer, you are hiring a DUI defense team comprised of DUI lawyers and investigators who have successfully defended hundreds of people accused of driving under the influence in Orlando and Central Florida. Call us now for a free consultation at 855-Kramer-Now (855-572-6376).

Your Rights at the Scene

A Florida officer will likely ask some questions at the scene. You have the right to remain silent or to speak with your attorney before answering any questions. In most DUI cases, it is best to have your TK Law attorney involved before you speak to law enforcement.

A DUI charge can change significantly for or against a driver when a traffic crash occurs, depending on what is done and said at the scene of a DUI-related accident. When serious injury or death is involved, a Florida officer has the right to use reasonable force to have a person suspected of DUI submit a blood test.

It is important that a driver never leave the scene of an accident. If capable, the driver also needs to call 911 and offer any basic assistance to someone that appears injured until emergency responders arrive.

Contact Your DUI Defense Attorney

A DUI with injury defense could be as straightforward as a skilled TK Law attorney discovering that the officer at the scene of the accident failed to follow proper procedure. However, the defense could also be as complicated as uncovering the slightest piece of evidence that shows an accused driver was not the cause of the accident or the injury that took place.

We use our experience to find cracks in the prosecution’s case and counterarguments for any strategies they may use. Protecting your integrity and eliminating any faulty evidence against you is a priority at TK Law.

Do not risk your future to a felony conviction. Contact us now or call 855-Kramer-Now (855-572-6376) for a free consultation so that we can work to ensure the best potential outcome in your case.

Altamonte Springs Office
999 Douglas Avenue
Suite 3333
Altamonte Springs, FL 32714
Downtown Orlando Office
37 N. Orange Avenue
Suite 500b
Orlando, FL 32801
CALL (407) 834-4847