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DUI WITH SERIOUS BODILY INJURY
Under Florida law Driving Under the Influence with Serious Bodily Injury is a 3rd degree Felony. What is serious bodily injury in the context of DUI. In State v. Schreiber 835 So. 2d 344, the Fourth District Court of Appeal held that a broken leg which resulted in 5% permanent impairment was not serious bodily injury. However, the law is very unclear in this area. For example a broken back has been determined to be serious bodily injury.
A conviction for DUI with Serious Bodily injury scores a mandatory 21 months in prison and a maximum of 5 years. The reason why it scores a mandatory 21 months in prison is the injury points. In Florida, the punishment becomes more severe the more serious the injury is. It is imperative that if you have been involved in an accident and you were drinking that you contact our office. In many of these situations your blood is drawn at the hospital and you may not be arrested for several months.
If you have been involved in an accident and the police believe another party has suffered serious bodily injury the police can forcefully extract your blood to determine the alcohol content. However, the State must give you notice and a chance to object before they can obtain those results from the hospital.
In a State of Florida v. Bennett 14 Fla. L. Weekly Supp. 1147a, a case recently argued by Darren Finebloom the County Court Judge suppressed the Defendant's blood results which were above a .20, nearly four times the legal limit because the blood was not given voluntarily. In that case, Darren Finebloom argued that there was no serious bodily injury; therefore, blood could not be taken without consent of the Defendant.
Blood draw DUI cases are some of the most complicated criminal cases we have to defend in the State of Florida. If you have any questions please do not hesitate to give us a call.
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