Did someone get hurt in your DUI case?
Getting into a car accident is frightening. When someone gets hurt and you’ve been drinking, it becomes even scarier.
Let’s talk about what this means for you and what you can do about it.
Understanding DUI with Injury Cases
First, let’s be clear about one thing: driving under the influence (DUI) is always serious, but when someone gets hurt, everything changes.
What might have been a misdemeanor (a less serious crime) becomes a felony (a very serious crime). This potentially means bigger fines, more jail time, and consequences that can affect your life for years to come.
The Basic Penalties
In Florida, a regular first-time DUI might mean paying $500 and spending up to six months in jail. You’ll also lose your driver’s license for a year. But when someone gets hurt, the penalties get much worse:
- You could pay up to $5,000 in fines
- You might spend up to five years in jail
- Your driver’s license could be suspended for much longer
- You’ll have a felony on your record, which makes it harder to get jobs
What Makes a “Serious Injury”?
Florida law talks about “serious bodily injury.” This means an injury that could have killed someone or left them with permanent damage. Even if the person recovers completely, what matters is how serious the injury was when it happened.
How Do Courts Handle These Cases?
When someone gets hurt in a DUI accident, courts take it very seriously. They look at several things:
- How badly the person was hurt
- Your blood alcohol level
- Whether you’ve had DUIs before
- How you acted after the accident
- Whether you tried to help the injured person
Fighting the Charges
Now for some good news: there are ways to defend against these charges. A good lawyer might be able to:
Challenge the DUI Evidence
The police must follow strict rules when gathering evidence.
Your lawyer might question:
- Whether they had a good reason to stop you
- If the breath or blood test was done correctly
- Whether field sobriety tests were fair (things like standing on one leg or walking in a straight line)
Sometimes medical conditions can make you seem drunk when you’re not. For example, diabetes can make your breath smell like alcohol. Certain medications, being tired, or even some medical conditions can make you fail field sobriety tests.
If you were charged with a serious crime in West Palm Beach or anywhere in the state of Florida, please schedule a free consultation with The Pakett Law Group. You can call 561-318-0531 or email us here.
Question the Timing
It takes time for alcohol to get into your blood. You might have been under the legal limit while driving but over the limit when tested later. This is called “rising blood alcohol,” and it can be an important part of your defense.
Look for Police Mistakes
Police officers must follow many rules when arresting someone.
If they make mistakes like:
- Not reading your rights
- Stopping you without a good reason
- Not following proper testing procedures
Your lawyer might get some evidence thrown out of court.
What To Do If You’re Charged
If you’re charged with DUI involving injury, here are some important steps:
Get a Lawyer Immediately
Don’t try to handle this alone. DUI injury cases are complicated, and the stakes are too high. Many lawyers, like our attorneys here at Pakett Law, offer free consultations where you can learn about your options.
Keep Quiet
Don’t talk about your case with anyone except your lawyer.
This includes:
- Not posting on social media
- Not discussing it with friends
- Not talking to the police without your lawyer present
Follow All Court Orders
Show up to every court date on time and follow any restrictions the court puts on you. This shows the judge you’re taking the situation seriously.
Long-Term Effects
A DUI injury conviction can affect your life in many ways:
- Making it harder to get certain jobs
- Increasing your car insurance rates
- Making it difficult to rent apartments
- Affecting professional licenses
- Creating problems with travel to other countries
Preventing Future Problems
The best way to avoid these problems is simple: don’t drink and drive.
Some tips:
- Use ride-sharing services like Uber or Lyft
- Have a designated driver
- Call a friend or family member
- Stay where you are until you’re sober
Getting Help
Remember, being charged doesn’t mean you’ll be convicted.
With the right legal help, you might:
- Get charges reduced
- Have evidence thrown out
- Qualify for alternative programs
- Get a lighter sentence
The key is acting quickly and getting professional help. Many people make the mistake of thinking they can handle it alone or that the situation is hopeless. Neither is true.
Every case is different, and the outcome depends on many factors. What worked in someone else’s case might not work in yours. That’s why it’s so important to have a lawyer who knows DUI law and can look at the specific details of your situation.
Need help with your case? Don’t wait – the sooner you get legal help, the better chance you have of protecting your rights and your future.
Here’s a realistic scenario showing how a DUI case might be dismissed:
Sarah was driving home from dinner with friends around 10 PM when she was pulled over for what the officer claimed was “weaving” in her lane.
Sarah had two glasses of wine with dinner earlier that evening. The officer said he smelled alcohol and asked Sarah to perform field sobriety tests in high heels on an uneven, poorly lit road shoulder. Sarah, who has a knee condition from an old sports injury, struggled with the balance tests. The officer arrested her for DUI and took her to the station for a breath test.
After her arrest, Sarah hired an experienced DUI defense attorney who carefully reviewed her case. The attorney requested the police dashboard camera footage of the traffic stop. Upon review, the video showed Sarah’s driving was actually normal – there was no dangerous weaving as the officer claimed. The attorney also discovered the officer failed to wait the required 20-minute observation period before giving Sarah the breath test, making those results legally questionable.
Additionally, the attorney found that the breath testing machine at the station hadn’t been properly calibrated according to state requirements. Its maintenance records showed it was overdue for required monthly testing.
At the motion hearing, Sarah’s attorney challenged the legality of the initial traffic stop using the dashboard camera footage. The attorney argued that without a valid reason for the traffic stop, all evidence gathered afterward – including the field sobriety tests and breath test results – should be thrown out. The attorney also highlighted how Sarah’s knee condition and inappropriate testing conditions affected her performance on the field sobriety tests.
The judge agreed there was no valid reason for the initial traffic stop based on the video evidence. Without a legal basis for the stop, all evidence obtained afterward was inadmissible in court. The prosecutor, left with no usable evidence to prove the DUI charge, had to dismiss the case.
This scenario shows how seemingly small details – like proper police procedures, testing conditions, and equipment maintenance – can make a big difference in a DUI case when properly investigated by a knowledgeable attorney.
What is the 20-minute observation period?
In Florida, the 20-minute observation period is a requirement for DUI breath tests. This period ensures that the breathalyzer results are accurate by preventing the suspect from consuming anything that could affect the test.
What happens during the observation period?
- The officer continuously observes the suspect for 20 minutes
- The officer makes sure the suspect doesn’t eat, drink, vomit, burp, or regurgitate
- The officer also makes sure the suspect doesn’t put anything foreign in their mouth
Why is the observation period important?
- The observation period prevents substances from entering the suspect’s mouth that could skew the breathalyzer results
- The observation period helps ensure the breath test results are admissible in court
- What happens if the observation period isn’t followed?
- The breath test results may be challenged in court
- The breath test evidence may be suppressed or deemed inadmissible
How can a West Palm Beach defense attorney help?
A defense attorney can review the jail video to see if the observation period was followed. They can also argue that the breathalyzer results are inaccurate and don’t reflect the suspect’s true blood alcohol content (BAC)
Don’t Wait to Hire a Criminal Defense Attorney in West Palm Beach
The bottom line is this: if you’ve been charged with a crime like injuring someone during your DUI – or you are under investigation for this crime – the best time to hire a criminal defense attorney is immediately.
The earlier you have professional legal representation, the better your chances of avoiding critical mistakes, protecting your rights, and achieving the best possible outcome for your case.
Remember – arrests are common in Florida, the legal consequences are serious, and having a knowledgeable criminal defense lawyer is essential to protect your rights and achieve the best possible outcome.
If you were charged with a serious crime in West Palm Beach or anywhere in the state of Florida, please schedule a free consultation with The Pakett Law Group. You can call 561-318-0531 or email us here.
The Pakett Law Group, PA is committed to providing our clients with the highest quality representation. With over a decade of legal experience, West Palm Beach criminal defense lawyer Brian T. Pakett and his team of West Palm Beach criminal lawyers possess a comprehensive understanding of Florida criminal law – which can benefit you in your time of need.