What am I Facing with a Florida DUI Crash With Injuries?

People have been drinking alcohol with friends, family and their coworkers for thousands of years. It wasn’t until recently when the automobile became an American staple, that drinking became such a dangerous endeavor.

On foot, the only one that you’re likely to harm while under the influence is yourself, unless you’re operating heavy machinery. Once you climb behind the wheel, you’re surrounded by thousands of pounds of steel and you can do a great deal of harm if you’re under the influence of drugs or alcohol.

Given the fact that driving is an American way of life as is drinking, each state across the country has established stiff anti-drinking and driving laws and Florida is no different.

Get arrested for a simple DUI where no one else was hurt, you’ll face misdemeanor charges, even if you crashed into a parked car or drove into a building or light pole (accident causing property damage only).

On the other hand, if you seriously injureanother person while you’re driving under the influence of drugs, alcohol, or a chemical substance, you’re looking at felony charges, even if you had no intention of hurting anybody else, or if it was your first DUI offense.

DUI Accidents Involving Serious Bodily Injuries

Under Florida law, if while driving under the influence, you cause serious bodily injury to another person, you would be guilty of a third degree felony, punishable by:

• A fine not to exceed $5,000
• Up to 5 years in prison

If someone else was killed as a result of your driving under the influence, you face DUI manslaughter charges under Section 316.193(3) of the Florida Statutes, which is punishable by a fine not to exceed $10,000, or up to 15 years in prison, or both.

If you were involved in a DUI accident in Miami involving serious bodily injuries or a fatality, I urge you to contact my firm for help. You never know which DUI defensestrategies are available until you seek the advice of an experienced DUI defense attorney such as myself.

To work with a former prosecutor who is one of Miami’s top-rated DUI defense attorneys, contact my firm, Jonathan Blecher, P.A. for a free consultation.

Can a ‘Drunk’ Passenger Be Charged With DUI?

Let’s say that somebody is definitely drunk and they are sitting in the backseat of a vehicle or in the passenger seat, can they still get a DUIeven though they were not driving? The answer – it depends.

If a police officer pulled over a vehicle and the designated driver (DD) had a car full of drunk friends, then in this case, “no,” the passengers should not be charged with DUI.

On the other hand, if a heavily intoxicated person walked out of a bar and into their vehicle on a cold night, slid behind the wheel and put the keys in the ignition so they could run the heater to warm themselves up, then in this scenario, they could be charged with DUI even if their plan was to slide over to the passenger seat or climb into the back.

Why could they be charged with DUI? Because, the issue at hand is “actual physical control.” By holding on to the keys, sitting behind the wheel and putting the keys in the ignition, the suspect has just put themselves in actual physical controlof their vehicle, which leaves them open to a DUI charge.

Think it’s safe to sleep in your car after drinking? You may want to think again.

The state can actually charge someone with DUI who was impaired and decided to “sleep it off” in their car because the person possessed the car keys, thereby placing them in “control” of their vehicle while under the influence.

When a Driver Switches Places

It’s one of the oldest tricks in the book: the drunken driver switches places with their less-drunk friend, their teenage son or daughter that hasn’t been drinking at all, or their spouse when they get pulled over by the cops.

If the police notice that a driver switches places before, during, or after a traffic stop, the driver can be charged with DUI, even if he or she has moved over to the passenger seat.

Also, if you’ve been drinking and you sit behind the wheel as you wait for friends, respond to texts, or listen to music, you can be charged with DUI, but it’s up to the state to make the charges stick. If you’re 21 or over, you’re not necessarily breaking the law by consuming alcohol.

If you’re facing DUI charges, be sure to contact me before you do anything. As an experienced Miami DUI defense attorney, I can read the police report, listen to your side of the story and help you fight your charges.

Contact Jonathan Blecher, P.A. today for a free case evaluation!