Orlando dui serious bodily injury Defense Attorney

in Florida, DUI Serious Bodily Injury (DUI SBI) is a serious felony with potentially life changing consequences. Under Florida law, a DUI crash that causes or contributes to the “serious bodily injury” of another person can expose you to the following:

DUI Serious Bodily Injury Penalties

• Mandatory felony conviction
• Mandatory prison sentence of 21-51 months in prison
• Up to 5 years in prison
• Up to 5 years of probation
• Minimum 3-year driver’s license revocation
• $5,000 fine

Florida Law – DUI Serious Bodily Injury

Florida Statute 316.193 states that to convict a person of DUI Causing Serious Bodily Injury, the prosecution must prove:

1. The accused was driving or in actual physical control of a vehicle;
2. That at the time of that operation, they were under the influence of alcohol, drugs, or chemical substances to the extent that their normal faculties were impaired and/or had a breath/blood alcohol level of .08 or higher; and
3. That their operation of the vehicle caused or contributed to the serious bodily injury of another person.

What is “Serious Bodily Injury?”

“Serious Bodily Injury” is defined in Florida Statute 316.1933(1)(b) as an injury to any person, which consists of 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.

Defending DUI Serious Bodily Injury Cases

Because these cases often involve complex legal, medical, and scientific issues, defending a DUI SBI case requires more than a standard DUI defense. Central Florida Justice founder Ben Baxter is a former prosecutor with advanced training in handling these types of cases. Under Florida law, officers may obtain a warrant and/or forcibly take a sample of blood from a person suspected of committing DUI Causing Serious Bodily Injury. The chain of custody and preservation of this critical evidence may be crucial to building a strategic defense. The injuries to the other person may also be legally insufficient to be considered “serious bodily injury” under Florida law. Ben Baxter evaluates every element of the State’s case to identify flaws that may lead to reduced or dismissed charges, suppressed evidence, or a reduction in your sentence.

DUI investigation

When officers ask you to exit your vehicle for a DUI investigation, they must have “reasonable suspicion” that you are driving under the influence. Typically, officers will say that they smelled alcohol and that you had bloodshot eyes and the smell of alcohol on your breath. DUI defense lawyer Ben Baxter will analyze every report and every minute of video footage to scrutinize the officers’ claims to develop arguments that officers complied with Florida law when they conducted their investigation and whether or not they exaggerated, manufactured, or embellished details of their report which are not supported by the video evidence.

The Arrest

Florida law enforcement officers must have “probable cause” to arrest you for DUI. That means that they must either have a wheel witness in a crash case or must personally witness every element of the offense when there is no crash. Officers are trained using the National Highway Traffic Safety Administration (NHTSA) manual. This describes how officers must conduct field sobriety exercises, and what they must observe to justify an arrest decision. DUI defense lawyer Ben Baxter uses this manual against them to argue that the signs of impairment that the officers observed were in fact, the result of their own failure to properly administer the exercises.

Trial

When you are facing DUI Serious Bodily Injury charges, the stakes are high. You need an advocate who has the experience, skill, and willingness to take the case all the way. DUI Defense lawyer Ben Baxter has taken 40 criminal cases to verdict at trial, winning 36 of them. He is not afraid to take your case to trial, and he knows which arguments are most persuasive when your fate is in the hands of a Jury. Ben’s training as a prosecutor and over 10 years of experience litigating criminal cases are why he’s the right attorney to take your case all the way. He will use the State’s own tools against them during trial to convince the Jury that the only proper verdict is one of “Not Guilty.”

A Former Prosecutor on your Side

Former prosecutor and DUI Serious Bodily Injury defense attorney Ben Baxter understands these procedures from both sides of the courtroom. During his career as a prosecutor, Ben helped train law enforcement officers how to properly conduct DUI investigations, giving him firsthand insight into how breath test evidence is supposed to be obtained and where officers often make the most critical mistakes. Now he uses that knowledge to aggressively challenge DUI prosecutions. Ben also has advanced training in reviewing breathalyzer maintenance and calibration records, allowing him to carefully evaluate whether the breath testing instrument was functioning properly or whether machine defects, maintenance failures, or operator mistakes have compromised the machine or the results.

CENTRAL FLORIDA JUSTICE CAN HELP

Central Florida Justice founder Ben Baxter is a former prosecutor and DUI defense attorney with over a decade of experience in criminal law. He knows how prosecutors investigate and charge these cases. Now he uses that insight to fight for the best possible results for his clients.

Ben also understands that the attorney-client relationship must be built on a foundation of trust and empathy. Every Central Florida Justice client has the ability to contact their attorney directly by phone, text, or email. And every client has access to the Central Florida Justice client portal, which provides instant access to evidence in their case, notes from the attorney, court dates, and more.

If you or someone you know has been charged with DUI causing Serious Bodily Injury in Orlando or the Central Florida area, including Osceola, Polk, Lake, Seminole, or Brevard Counties, contact Central Florida Justice today for a free consultation or call/text (407) 561-1776 to speak with DUI defense attorney Ben Baxter directly.