Serious Bodily Injury

What Makes a DUI “Enhanced”

Certain circumstances turn a standard DUI into an enhanced offense with greater penalties. Enhancements include having a BAC of 0.15 % or higher, having a minor passenger in the vehicle, causing property damage or minor injuries, or refusing chemical testing. 

When a DUI crash causes serious bodily injury, the offense becomes a third‑degree felony, punishable by up to five years in prison and fines up to $5,000. Serious bodily injury is defined as an injury that creates a substantial risk of death, serious disfigurement or protracted loss or impairment of a bodily member or organ. Causing property damage or non‑serious injury is a first‑degree misdemeanor punishable by up to one year in jail and a $1,000 fine.

Enhanced DUI cases also carry mandatory license revocations and may require ignition interlock devices upon reinstatement. Courts often order restitution to victims, and the Department of Highway Safety and Motor Vehicles may require proof of high‑risk (SR‑22) insurance for several years.

Legal Considerations and Case Law

Prosecutors must prove that your operation of the vehicle “caused or contributed to causing” the injury or damage. In Velazco v. State, the Florida Supreme Court explained that DUI causing serious bodily injury (a felony) and DUI causing property damage or minor injury (a misdemeanor) are degree variants; a defendant cannot be convicted of both for the same victim in a single episode. This case highlights the importance of analyzing whether the state has charged you with mutually exclusive offenses. 

Another important case, State v. Smith, 638 So.2d 509 (Fla. 1994), held that combining DUI with simple negligence can elevate the offense to DUI manslaughter, reinforcing that a driver’s negligence plus intoxication can create felony liability.

Defense Strategies

Enhanced DUI cases often hinge on whether the alleged injuries meet the statutory definition of serious bodily injury and whether your conduct actually caused them. Accident reconstruction experts can demonstrate that the injury would have occurred regardless of impairment. Medical records and expert testimony may show that injuries were not severe enough to constitute “serious bodily injury.” 

Challenging blood and breath test results, questioning the chain of custody of evidence and scrutinizing officer observations remain essential defenses.

How Ticket Shield Protects You

When facing enhanced DUI charges, Ticket Shield mobilizes quickly. We obtain accident reports, medical records and witness statements to assess causation and the severity of injuries. Our attorneys consult with medical experts and accident reconstructionists to challenge the state’s evidence. We negotiate with prosecutors to reduce felony charges to misdemeanors and pursue alternative sentencing such as probation with intensive treatment. Throughout the process, we fight to protect your driver’s license and minimize incarceration.