Pasco County Felony DUI
FELONY DUI AND DUI WITH SERIOUS INJURIES
A DUI can become a felony if it is the third DUI conviction and the previous conviction is within 10 years. A fourth DUI conviction is also classified as a felony.
A DUI involving serious bodily injury to another is a felony of the third degree regardless of whether there are any previous DUIs.
Under Florida law, DUI with serious bodily injury is a third degree felony charge with a maximum penalty of 5 years in Florida State Prison. Under the Florida Punishment Code, formerly called Sentencing Guidelines, even with no prior criminal history a DUI with serious bodily injury (SBI) will score significant points under the Punishment Code. The charge itself adds a large number to the score and also victim injury points are added for a severe injury. Under the Punishment Code, even with no prior record a person with a charge of DUI with Serious Injuries would score a minimum of approximately 4 years in state prison.
Defenses to DUI with Serious Bodily Injury (SBI)
The most common defenses are:
Insufficient proof that a person was under the influence of alcohol to the extent that his or her normal faculties were impaired, or
That the driver (the charged person) was not the cause of the accident and the serious bodily injury.
As with every DUI, whether misdemeanor or felony, every case is investigated thoroughly, from the stop, or accident, through procedures used by the officers, validity of methods used, equipment, and consultation with experts regarding breath, blood or urine samples, if taken.
In most DUI cases, the police officers give either a breath test or take a blood test. It is possible to challenge these tests. The machines may not be properly calibrated or you could have some underlying medical condition that caused false results.
It may be possible to get charges reduced or dropped depending on the case.
Driver License Revocation for a Felony DUI Conviction
In addition to the penalties discussed above, a conviction for DUI with serious bodily injury will result in a minimum three year suspension or revocation of your Florida driver’s license. The law now states that such a suspention does not begin until after any period of incarceration, jail or prison is completed.
If you have been arrested for felony DUI with Serious Bodily Injury after a car crash, contact an experienced C;earwater DUI attorney or St. Petersburg DUI defense attorney that handles felony DUI with Serious Bodily Injury (SBI).
Sandefer Law Firm is experienced in handling Felony DUI cases in St. Petersburg, Clearwater, all of Pinellas County and Pasco County, as well as Plant City, Dade City, New Port Richey, all of Hillsborough County, and the state of Florida.
Sandefer Law Firm – Main Office
4625 East Bay Drive Suite 203
Clearwater, FL 33764