The sister to a DUI with Property Damage, DUI with Bodily Injury is an enhanced charge that carries with it enhanced penalties.  Our DUI Attorneys are trained to recognize the seriousness of the charge immediately, and develop a strategic gameplan without delay to minimize the effect the charge will have on our clients.

DUI with Non-Serious Bodily Injury

A DUI with non-serious bodily injury is still a serious charge when dealing with the State Attorney.  The charge can carry with it a penalty of up to a year in jail and a fine of $1K.  In certain cases, even if you are a first time offender, the prosecutor may be asking for jail.

DUI With Serious Bodily Injury

The more serious of the injury related DUI’s, this is a third degree felony, punishable by up to five (5) years in prison.  Because of the nature of the charge, the starting point of negotations is some prison time. It is important to seek appropriate legal counsel immediately to eliminate or at least minimize the punishment involved.

In certain cases, we are able to take a DUI with Serious bodily injury and negotiate a reduction of the charge to a DUI without serious bodily injury.  This can mean the difference between prison and probation.  Still, in other cases and depending on the defenses available, we can seek to reduce the charge to a reckless driving.

Potential Defenses in DUI with Property Damage

While the charge may be more serious than a regular DUI charge, a winning defense can mean no conviction for our client.  Common defenses in DUI with Property damage include:

Accident Report Privilege

A bread and butter defense in DUI with Property Damage or DUI with Accident cases.  The accident report privilige is not so much a defense but a  way to exclude admissions or statements made by a defendant that made be used to otherwise prove guilt.  The heart of the matter is this:  Public policy of the State of Florida is that we want people to be open and give information in an accident situation.  To promote this public interest, any statements made pursuant to an accident investigation are priviliged.  that means the statements cannot be used against you.

To clear the privilege, the investigating officer must do two things: First, he must inform the client that he is switching his investigation from an accident investigation to a criminal investigation.  Secondly, after State v. Star, the officer must read Miranda.  If the officer fails to do either of these, then the Statements made will likely be tossed out of court.

All Shook Up Defense

Many of the Police Officer’s Field Sobriety Exercises can have false positives as a result of the participant having been involved in an injury.  The finger to nose, heel to toe, and one legged stand may be performed in a substandard manner not because of alcohol intoxication but because of being shook up from the accident.  In some cases, a hit to the head can causer these severe reactions, including vomiting and unconsciousness.  how the officer handles the potential for injury is important in the case, and especially in front of the Jury.  Christian Denmon, a DUI attorney with the firm, has utilized this defense successfully in trial on multiple occasions.

HGN, or the “eye test” , can be compromised as well as a result of trauma to the head.

No Wheel Witness Defense

Shockingly, the most overlooked defense in accident cases. Shocking, because it is the easiest to present and the most difficult for the State to Defense.  The prosecution must be able to put the accused behind the wheel at the time of driving.  Mere ownership of the vehicle alone is not enough to survive a request for the Judge to dismiss the case at trial. Oftentimes the State Attorney will list alleged eye witnesses to a crash.  Yet surprisingly, we find after a thorough investigation that these witnesses are not going to testify to the same facts alleged in the prosecution’s police reports.

Many cases hinge on the confessions or admissions of the accused.  In these case, getting the Judge to toss out  an statements made in accordance with the accident report privilege defense above is critical.

Contact an experienced DUI Attorney Today to Discuss Your Case

Call Denmon & Denmon Trial lawyers today to set up a free no-obligation consultation at 813-554-3232. Ask to speak to one of our DUI Attorneys.  Your initial consultation is free.