Driving Under the Influence is a serious offense. Society demands its vigorous prosecution precisely because of the fear that a D.U.I. will result in a tragic accident. Instances of D.U.I. (Serious Bodily Injury) confirm that fear. When an individual in Palm Beach County, Miami-Dade County, or Broward County is arrested for D.U.I. (Serious Bodily Injury), the potential penalties are severe.
Indeed, under the Florida Criminal Punishment Code, a conviction for D.U.I. (Serious Bodily Injury) carries a minimum-permissible sentence that include incarceration in prison. This is why it is vital that you have a Weston DUI defense attorney on your side.
The crime of Driving Under the Influence (Serious Bodily Injury) is essentially the same as a standard charge of D.U.I., with one important additional element. To prove the crime of D.U.I. (Serious Bodily Injury), the State must prove that as a result of operating a motor vehicle while impaired, the Defendant caused--or contributed to causing--serious bodily injury to a victim.
Under Florida law, “serious bodily injury” is defined as: “a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”
A conviction for D.U.I. (Serious Bodily Injury) will result in a felony conviction. Not only will a felony conviction preclude an individual from exercising his/her constitutional right to possess firearms and vote in elections, but a felony conviction will carry significant harm to an individual’s reputation.
There are specific legal issues that arise in cases of D.U.I. (Serious Bodily Injury). First, most cases of D.U.I. (Serious Bodily Injury) involve blood draws. Under Florida Statute 316.1933, authorities may forcibly draw blood from any individual whom law enforcement has probable cause to believe operated a motor vehicle while impaired by alcohol, a chemical substance, or a controlled substance, and as a result of such operation, caused the serious bodily injury or death to another human being. Not all blood draws are conducted pursuant to law. When a blood draw is conducted contrary to the requirements of the law, the results of the blood testing are inadmissible in court. Our Weston criminal defense lawyer can help you mount this defense in court.
Second, there are numerous legal issues that arise from any D.U.I. case involving an accident. The State must establish that the Defendant was the individual actually operating the motor vehicle during the accident, and that the accident happened as a result of the Defendant’s impaired operation of the motor vehicle. Furthermore, if the State is going to rely on statements made by the Defendant, the State must establish that those statements are not shielded by Florida’s “Accident Report Privilege.”
When the stakes are high, individuals facing criminal prosecution need to seek representation from an experienced attorney with a firm grasp of the law and an ability exploit the weaknesses in the State’s case. Weston DUI Attorney Kevin F. Moot has the knowledge and ability to investigate the facts of each case and to employ the legal tools necessary to limit the admissibility of the State’s evidence. The Law Office of Kevin F. Moot will pursue every avenue to prepare an effective defense on behalf of its clients.
DUI defense is a complex and nuanced practice. Contact Kevin F. Moot now for a free consultation to discuss how best to defend your case.