Have you or a loved one been charged with a criminal offense. Call Tonmiel Rodriguez Today.
DUI
Driving Under the Influence (DUI) With Serious Bodily Injury Florida Statute 316.193 (3)
If you have been arrested or charged in Polk or Hardee County, including any part of Winter Haven, Lakeland, Bartow, Auburndale, Haines City, Wauchula, or Bowling Green, contact Criminal Defense Lawyer Tonmiel Rodriguez today for a free consultation.
Definition of "Driving Under the Influence" (DUI) - with serious bodily injury
The offense of Driving Under the Influence with serious bodily injury occurs when:
The person is driving or in actual physical control of a vehicle and:
(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired; or
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c) The person has a breath alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.reath-alcohol level
and
(d) As a result of operating the vehicle, the person caused or contributed to causing serious bodily injury to another.
Serious bodily injury means 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.
Possible penalties for Driving Under the Influence (DUI) - with serious bodily injury
Driving under the Influence and Causing or Contributing to serious bodily injury is a felony of the third degree punishable. Possible penalties include up to 5 years in prison, 1-5 years of probation, and a $5000 fine. Also, there is a minimum 3 year driver's license revocation associated with this offense.
Possible Penalties for "Driving Under the Influence (DUI) With Serious Bodily Injury" 316.193 (3)
Driving under the Influence and Causing or Contributing to serious bodily injury is a felony of the third degree punishable. Possible penalties include up to 5 years in prison, 1-5 years of probation, and a $5000 fine. Also, there is a minimum 3 year driver's license revocation associated with this offense.
Possible Defense for Driving Under the Influence (DUI)With Serious Bodily Injury 316.193 (3)
As with any crime, a defense to DUI, if warranted, involve a denial of the allegations, or arguments that the allegations cannot be proven, along with other general pre-trial and trial defenses.
However, there are a few defenses that are specific to the charges of DUI:
Not person driving or in actual physical control of the vehicle.
Field Sobriety Excercises (FSEs) were not scientifically grounded, or not administered correctly; therefore, the officer's evaluation is unreliable.
Breathalizer results were inaccurate or unreliable due to the way breathalizer machine was operated (failure to follow protocol), or failure to give required maintenance and calibration to the breathalizer machine.
Defense
YOUR RIGHTS
MY CALLING
If you or a loved one is facing criminal charges, it's crucial to have an experienced attorney on your side. I will provide the guidance and legal representation you need to protect your rights and build the strongest defense possible.
