When DUI Injuries Make All the Difference: Minor Harm vs Serious Bodily Injuries DUI Charges and Penalties

If you’re involved in a DUI injury accident in South Florida, the seriousness of the charges you face will hinge on the severity of the injuries that the victims suffer. You’ll face a significantly different outcome if the victims suffered minor scrapes and bruises compared to serious bodily harm or disfigurement. 

Whether the injuries were minor or severe, it’s essential to retain our experienced South Florida DUI defense lawyers at the Law Offices of Davide Robert Malove. We’ll explain the distinctions between DUI accident injury charges, explain your options, and mount an aggressive defense strategy to help you achieve the best possible outcome in your criminal case.

What Is a DUI With Minor Injuries in South Florida?

A DUI injury accident that causes victims to suffer minor injuries is a much less severe offense than one involving serious injuries in Florida. Under Florida Statute §316.193, a DUI that results in minor injuries is a misdemeanor offense. 

Minor injuries in a DUI accident include superficial cuts, bruises, or other non-life-threatening harm. These injuries do not cause significant disfigurement, long-term impairment, or risk of death.

To convict you of a DUI with minor injuries, the prosecution must prove beyond a reasonable doubt all elements of the crime. This includes establishing that you were driving under the influence of alcohol and caused an accident resulting in the victim's minor injuries.

What Are the Penalties for DUI with Minor Injuries in South Florida?

A DUI causing minor injuries is typically charged as a first-degree misdemeanor in Florida. Like a DUI with property damage, you will face enhanced penalties. Your punishments could include: 

• One-year prison sentence
• Fines of up to $1,000
• Probation
• Driver’s license suspension of at least six months
• DUI substance abuse course

DUI With Serious Bodily Injury: A Grave Escalation in the Charges and Penalties You Face

If you were involved in a DUI injury accident that causes serious bodily harm to another person, under Florida Statute § 316.1931(c), you would be charged with a third-degree felony. A felony DUI with severe injuries is a much more serious crime and carries far more significant penalties than a misdemeanor DUI involving only minor injuries.

Defining Serious Bodily Injury: The Threshold for Felony Charges

To be charged with a third-degree felony, you must have caused a victim to suffer serious bodily injury. According to Florida Statutes § 316.1933(b), an injury qualifies as serious bodily harm if it:

• Creates a substantial risk of death for the victim
• Results in significant personal disfigurement, such as deep facial lacerations or permanent scarring
• Causes long-term loss or impairment of a vital body function or organ

Examples of Serious Bodily Injuries Caused in a DUI Injury Accident

Some concrete examples of injuries that would be considered a serious bodily injury and result in felony DUI charges include:

• Fractured or broken bones that require extensive medical intervention and prolonged recovery
• Damage to the spinal cord, such as resulting in partial or total paralysis
• Traumatic brain injuries that impair cognitive function, memory, or personality
• Severe burns covering a significant portion of the body and necessitating ongoing treatment
• Loss of limbs or amputation due to the severity of the injury sustained in the accident
• Permanent vision or hearing loss that profoundly impacts the victim's quality of life
• Injuries causing permanent scarring or disfigurement 

What Are the Penalties for a Felony DUI Causing Serious Injuries?

The repercussions of a conviction for a DUI injury accident causing serious bodily injury are severe and far-reaching. If you're found guilty of this offense in South Florida, you could face:

• A lengthy prison sentence of up to 5 years
• Substantial fines of up to $5,000
• Driver's license revocation for a minimum of 3 years
• Mandatory installation of an ignition interlock device on your vehicle
• Court-ordered DUI school and substance abuse treatment
• Compulsory community service hours
• Probation with strict conditions 

Beyond these tangible penalties, a felony DUI conviction can cast a long shadow over your future prospects. Potential employers, landlords, and professional licensing boards may view your criminal record as a red flag, closing doors to opportunities and limiting your ability to move forward with your life.

Fighting Back: Protecting Your Future with a Strong DUI Defense

If you were involved in a DUI injury accident and are facing DUI charges involving minor or serious bodily injuries in Florida, don't wait to seek legal guidance. Engaging our knowledgeable Florida DUI defense lawyers is crucial for challenging the prosecution's evidence and protecting your rights. Here are some ways we can help you.

• Examine the evidence. We’ll meticulously examine the medical records, police reports, blood and breath test results, and witness statements to identify any weaknesses or inconsistencies in the state's case. 
• Develop your defense strategy. Our legal team will also raise all of your defenses, which you could have even if you believe you’re guilty. We may be able to file a motion to suppress evidence obtained improperly or in violation of your constitutional rights, which could result in the dismissal of the charges against you. 
• Negotiate a plea agreement. Depending on what’s in your best interests, our attorneys may negotiate with prosecutors to reduce the charges or your sentence through a plea bargain.

Remember, an arrest is not a conviction.  Working with us can mean the difference between facing the full force of Florida's harsh DUI penalties and securing a more favorable outcome that allows you to move forward with your life.