Tampa DUI Accidents

Defending Clients from Increased DUI Charges in Tampa, Florida

Driving under the influence is a serious charge. When DUI causes serious injury or death, an already-serious charge often becomes a felony. Any person who is charged with causing injury or death while under the influence requires the help of an experienced attorney.

Without a proven attorney, people accused of causing car crashes while under the influence are vulnerable to getting a felony conviction. Even in cases where the driver was not the cause of the accident, they may come under suspicion or be found guilty if they had alcohol in their system.

Your future hangs in the balance. You want an attorney who knows what they’re doing. Thomas & Paulk, P.A. has decades of combined experience. As former prosecutors, our team knows what our clients are facing, and we know how to strategize against the state’s case. With more than 7,000 cases handled in our history, we’re the proven advocates you want on your side.

About DUIs Causing Serious Bodily Injury

Understanding the Burden of Proof

In any criminal case, the burden of proof lies with the prosecution, not the defendant. The legal theory of “burden of proof” also holds that a person disputing a fact is not obligated to provide evidence that supports the fact they do not support. In other words, the accused is not obligated to provide evidence that weakens their case. The responsibility to provide evidence is with the prosecutor.

It will be the job of the prosecution to prove the following:

• You were driving the vehicle
• You had a BAL over 0.08 percent or were impaired
• You caused the car accident
• The victim was injured
• Their injuries were caused by the accident

DUIs Causing Serious Injury

Serious bodily injury is defined as any injury that causes a physical condition that creates a risk of personal disfigurement or death, or the risk of a loss or impairment of any bodily member’s or organ’s function. A serious injury caused by a car accident could include dismemberment, spinal cord damage, or even traumatic brain injury. When these types of injuries are a factor in a DUI case, defendants face harsher penalties.

Types of DUI injury cases include the following.

• DUI Causing Injury: Generally a felony offense, DUI causing injury may be punishable by up to 5 years in prison and a fine of up to $5,000. The driver must be found guilty of not only driving under the influence of alcohol or drugs but also of causing the accident.

• DUI Manslaughter: Often referred to as vehicular manslaughter, this involved killing another person by causing an accident while under the influence of drugs or alcohol. This felony offense may be punishable by up to 15 to 30 years in prison and a fine of up to $10,000.

• Hit & Run: Leaving the scene of an accident may or may not be directly related to drunk driving. A driver who stands accused of leaving the scene of an accident may face felony hit and run charges, especially if charged in tandem with a DUI. Committing DUI manslaughter and leaving the scene of the accident is a first-degree felony punishable by up to 30 years in prison and a fine of $10,000.

Reasonable Force for Drug & Alcohol Tests

Any DUI that resulted in a serious bodily injury will allow law enforcement officers to use reasonable force to require a person to submit to a blood test to determine their blood alcohol level at the time of the accident. However, the legality of these practices is under debate. The law only provides guidelines for what is a serious bodily injury—not a solid outline of the types of injuries that qualify.

As a result, the case will hinge on the medical judgment of the arresting officer. In State v. Schreiber, the arresting officer took a forced draw after he failed to read the defendant her rights. It was later determined in court that the injuries experienced during the accident did not qualify as serious bodily injuries. The resulting blood draws were therefore suppressed and were not able to be used against the defendant.