A DUI that results in an injury to another person is one of the most stressful and frightening situations anyone can face. Suddenly, a simple traffic stop escalates into a complex felony case that carries serious, life-altering penalties, including mandatory prison time. If you or a loved one is involved in a DUI incident that caused injury in Orlando, you are now facing two separate but equally serious legal battles: the criminal prosecution and the administrative battle for your driving privilege.
You likely feel overwhelmed, confused, and deeply uncertain about your future. We want you to know that there is still a strong path forward. By understanding the gravity of the situation and acting with urgent determination, you can start building a diligent defense right away. Our mission is to help and protect people like you by asserting your rights and challenging the government’s case at every turn.
If you or a loved one is facing felony DUI charges resulting from an injury, do not delay. Your defense must begin immediately. Protect your rights and your future now.
Call Ali & Blankner immediately at (407) 753-1312 or reach out through our confidential contact form: Contact Us Today.
Understanding the Felony Charge: DUI with Serious Bodily Injury
In Florida, a standard DUI is a misdemeanor, but when an accident causes harm to another person, the charge immediately escalates to a serious felony offense. This charge is formally known as DUI with Serious Bodily Injury (SBI).
What Does “Serious Bodily Injury” Mean?
The law defines serious bodily injury (SBI) in a specific way. It’s not just a minor scrape or bruise. SBI means an injury that creates a substantial risk of death or causes serious personal loss or impairment of a bodily organ or function.
Examples of injuries that can lead to this felony charge include:
- Broken bones that require surgery.
- Internal organ damage.
- Severe cuts or lacerations resulting in permanent scarring.
- Traumatic brain injuries.
If the injuries are less severe but still beyond minor, the charge might still be enhanced from a misdemeanor to a third-degree felony of DUI with Injury. In either case, you are facing felony court, and the stakes are significantly higher.
The Immediate Stakes: Facing Mandatory Prison Time
Facing a felony means the penalties are severe and non-negotiable without a determined defense. Our approach is always bold and assertive because we know exactly what is on the line: your freedom.
A conviction for DUI with Serious Bodily Injury is typically a second-degree felony, which carries penalties including:
- Up to 15 years in state prison.
- Fines up to $10,000.
- Mandatory revocation of your driver's license for at least 3 years.
- A permanent felony conviction on your record.
If the incident results in death, the charge escalates even further to DUI Manslaughter, a first- or second-degree felony with even harsher mandatory minimum prison sentences. Given these potential outcomes, the only confident and supportive action you can take is to secure dedicated legal counsel immediately.
Your Determined First Steps: What to Do (And What to Avoid)
When police arrive at the crash scene, everything you say and do can be used as evidence against you. You must take control of the situation by asserting your constitutional rights. This is the time to be determined and disciplined in your actions.
1. Remain Silent and Assert Your Rights
You have the Fifth Amendment right to remain silent. The police are not your friends, even if they seem empathetic. Any casual comment you make about where you were, what you drank, or the details of the crash will be used to build their case.
Firmly state: "I am invoking my right to remain silent, and I will not answer any questions without my attorney present."
Do not agree to sign any documents, consent to searches, or participate in recorded interviews.
2. Understand Implied Consent
In Florida, if you drive, you have implied your consent to take a breath or urine test if you are lawfully arrested for DUI.
- If you refuse a breath or urine test: Your license will be immediately suspended for one year by the Department of Highway Safety and Motor Vehicles (DHSMV), regardless of the outcome of your criminal case.
- If this is your second refusal, the license suspension is longer, and refusal becomes a misdemeanor crime.
- In cases involving SBI, police can often obtain a warrant for a forced blood draw. Once a warrant is issued, it is difficult to refuse a blood draw.
3. Contact a Diligent Attorney Immediately
Do not wait for the police to finish their investigation. Call Ali & Blankner the moment you are able. We need to begin our own independent investigation while the evidence is still fresh. We can move quickly to:
- Contact the police and formally assert your rights.
- Investigate the crash scene and secure crucial evidence before it is lost, like witness statements or video footage.
- Prepare for the immediate administrative license hearing.
Understanding the Dual Battle: Criminal Court vs. License Suspension
A DUI resulting in injury initiates two separate legal proceedings, and you must diligently fight both to protect your future.
The Administrative Hearing: Protecting Your License
Within 10 days of your arrest, you must demand a formal review hearing with the DHSMV. If you fail to do this, your driver’s license will automatically be suspended.
- This is not the criminal case; it is strictly about your driving privilege.
- This hearing is your first and best chance to challenge the evidence the police gathered, such as the initial stop or the probable cause for your arrest.
- A victory at the DHSMV hearing means you keep your license and gain vital information for your criminal defense.
The Criminal Case: Protecting Your Freedom
This is the felony prosecution in criminal court where you face jail time. Our firm can immediately begin preparing your DUI defense by challenging every single part of the state’s evidence, including:
- The legality of the traffic stop.
- The proper administration of Field Sobriety Exercises.
- The accuracy and maintenance of breathalyzer devices.
Building a Diligent and Assertive Defense
When we approach DUI cases resulting in injury, we focus on minimizing penalties or achieving an outright dismissal. Our assertive defense strategy hinges on undermining the three main pillars of the prosecution's case: the stop, the intoxication, and the causation of injury.
Challenging the Police Stop and Procedures
We investigate every detail of how the police began their investigation:
Was the Stop Lawful? Did the police have a legitimate reason—or probable cause—to pull you over in the first place? If the stop was illegal, all evidence gathered afterward may be thrown out.
Were the Tests Valid? We challenge the calibration and maintenance records of the breathalyzer machines. We question whether the Field Sobriety Tests (FSTs) were administered correctly according to strict national guidelines.
Undermining the Causation Element
This is a critical and often overlooked part of a DUI with Injury defense. The prosecution must prove, beyond a reasonable doubt, that your alleged impairment was the direct cause of the accident and the resulting injury.
- We ask: Could the injury have been caused by an outside factor, such as a defect in your vehicle or the negligence of the other driver?
- We use accident reconstructionists and investigators to demonstrate that the accident would have happened regardless of whether you were impaired. If the crash was unavoidable, the severe felony charge may be reduced or dismissed.
Your Future Demands Confident Support
When your life is on the line, you need a determined law firm ready to fight fiercely and intelligently. At Ali & Blankner, we understand the anxiety you feel. We are here to provide defense and comprehensive support as we work toward the best possible outcome for you.
We are committed to:
- Challenging every aspect of the state’s evidence against you.
- Protecting your rights and ensuring the police follow all proper procedures.
- Negotiating with the prosecutor to reduce the felony charge to a lesser offense.
- Empowering you with clear information to make informed decisions about your future.
Don't let fear paralyze you. Take the first step toward protecting your freedom today.
Orlando DUI Lawyers
Facing a felony DUI resulting in injury is overwhelming, but your fight begins with a single, crucial call. Our firm has the resolve and experience to take on these high-stakes cases in Orlando. We are prepared to start building your defense immediately.
Contact Ali & Blankner for a full, confidential case review. Call us at (407) 753-1312 or visit our comprehensive DUI Defense section to learn more about how we challenge complex charges.