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Orlando DUI With Serious Bodily Injury Lawyer
DUI With Serious Bodily Injury Attorney in Orlando, Florida
Driving under the influence (DUI) is one of the most frequently prosecuted criminal offenses in Florida. While many DUI cases involve misdemeanor charges, certain circumstances can significantly increase the severity of the offense. When an accident allegedly caused by an impaired driver results in serious injury to another person, the case may be charged as DUI with serious bodily injury, a felony offense with substantial legal consequences.
If you have been arrested for DUI following an accident involving injuries, it is important to seek legal guidance as soon as possible. At Hanlon Law, Orlando criminal defense attorney Will Hanlon represents individuals facing serious DUI-related charges and works to build strong defense strategies designed to protect their rights and their future.
Understanding DUI Charges in Florida
Under
Florida Statute 316.193, a person may be charged with DUI if they are driving or in actual physical control of a motor vehicle while:
- Their blood alcohol concentration (BAC) is 0.08% or higher, or
- Their normal faculties are impaired by alcohol, controlled substances, or chemical substances
A standard DUI is typically charged as a misdemeanor, which can carry penalties such as fines, probation, DUI school, and possible jail time. However, when an accident results in injuries to another person, the charge may be elevated to a more serious offense.
What Is DUI With Serious Bodily Injury?
DUI with serious bodily injury occurs when a person allegedly operates a vehicle while impaired and causes serious bodily injury to another individual as a result of the crash.
Florida law generally defines serious bodily injury as an injury that involves:
- A substantial risk of death
- Serious permanent disfigurement
- Long-term loss or impairment of a bodily organ or function
When these types of injuries occur, prosecutors may charge the case as a third-degree felony.
Potential Penalties for DUI With Serious Bodily Injury Conviction in Orlando, Florida
A conviction for DUI with serious bodily injury carries significantly harsher penalties than a standard DUI offense.
Possible consequences may include:
- Up to five years in state prison
- Significant fines and court costs
- Extended probation
- Driver’s license revocation or suspension
In addition, DUI cases involving serious bodily injury often result in a mandatory adjudication of guilt if a conviction occurs. This means the court cannot withhold adjudication, and the defendant may receive a permanent felony conviction on their record.
A felony conviction can have long-term consequences that extend beyond the immediate penalties, potentially affecting employment opportunities, housing, and certain civil rights.
Possible Defenses to DUI With Serious Bodily Injury Charges in Orlando, Florida
DUI injury cases often involve complex legal and factual issues. Several aspects of the case may be challenged by an experienced defense attorney.
Potential defenses may involve:
- Challenging the Injury Classification: Not every injury qualifies as “serious bodily injury” under the law. Medical records and expert analysis may reveal that the injuries do not meet the statutory definition required for the felony charge.
- Disputing Causation: In DUI injury cases, prosecutors must prove that the defendant’s actions caused the injuries. If another driver’s negligence, road conditions, or other factors contributed to the accident, this could weaken the prosecution’s case.
- Questioning the DUI Investigation: Defense attorneys may also examine whether law enforcement properly conducted the DUI investigation, including:
- The legality of the traffic stop
- The administration of field sobriety tests
- The accuracy and reliability of chemical testing
Identifying procedural or evidentiary issues may create reasonable doubt in the case.
Speak With an Orlando DUI Defense Attorney
DUI cases involving serious injuries are complex and can carry life-altering consequences. A thorough investigation and strong legal representation are essential when defending against these charges.
At Hanlon Law, we have extensive experience defending individuals accused of DUI-related offenses throughout Central Florida. Our firm carefully reviews the facts of each case and works to pursue the most favorable outcome possible.
If you have been charged with DUI with serious bodily injury in Orlando, call Hanlon Law at
(407) 987-3836 or contact us
online today to schedule a confidential consultation and discuss your legal options.
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