The consequences of driving under the influence of alcohol or drugs can be catastrophic, especially if you hit a pedestrian while impaired.
In Florida, the legal system does not take DUI cases lightly, particularly when a pedestrian is involved. You need to be aware of the specific penalties you might face and how a skilled attorney can assist in your defense. But don’t worry. Our attorneys at Stechschulte Nell are here to help you navigate this challenging journey.
What Happens When You Hit a Pedestrian While Drunk Driving?
Initially, law enforcement officers will arrive at the scene to investigate. They will assess your level of impairment through field sobriety tests and possibly a breathalyzer or blood test. Both your immediate actions and statements will play a role in how the case proceeds.
Typically, you will be arrested and charged with DUI. Depending on the severity of the pedestrian’s injuries or if a fatality occurs, additional charges may be brought against you.
- If the pedestrian sustains serious bodily injury, you could face charges of DUI with serious bodily injury, which carries severe penalties including up to five years in prison and substantial fines.
- If the pedestrian dies, you could be charged with DUI manslaughter, which is a second-degree felony in Florida. This carries penalties of up to 15 years in prison, hefty fines, and a permanent criminal record.
The Department of Highway Safety and Motor Vehicles will also suspend your driver’s license upon filing these charges. Even before your trial begins, you could lose your driving privileges and face significant legal hurdles.
Read More > Interacting with Police During a DUI Traffic Stop
Penalties for DUI-Related Pedestrian Accidents
The state of Florida imposes stringent penalties for DUI-related pedestrian accidents including:
Fines and Prison Time: For accidents resulting in non-serious injuries, you could face penalties of up to five years in prison and fines reaching $5,000. However, if the accident leads to serious bodily injury or death, the consequences are even harsher.
Serious Bodily Injury: Causing serious bodily injury to a pedestrian while driving under the influence can result in up to five years in prison, alongside fines of up to $5,000. Additional penalties could include mandated DUI courses, community service, and probation.
DUI Manslaughter: One of the most severe charges is DUI manslaughter. This charge applies when a pedestrian is killed because of the driver’s intoxication. For second-degree DUI manslaughter, you face up to 15 years of imprisonment and up to $10,000 in fines, along with permanent revocation of your driver’s license. First-degree DUI manslaughter carries an even more severe penalty with up to 30 years in prison and a mandatory minimum prison sentence of four years.
Aggravating Circumstances: Certain factors can result in aggravating circumstances, further increasing the severity of the penalties. These can include having a particularly high blood alcohol content (BAC), previous DUI convictions, or leaving the scene of the accident. Aggravating circumstances may lead to longer imprisonment terms and higher fines.
Other Consequences: Beyond legal penalties, individuals convicted of DUI-related pedestrian accidents often face probation, community service, vehicle impoundment, mandatory DUI courses, and substance abuse treatment. Additionally, a conviction can have long-term effects on personal and professional lives, including increased insurance rates, difficulty finding employment, and a permanent criminal record.
If you’re involved in a DUI-related pedestrian accident, it’s crucial to seek legal representation to navigate the complexities of Florida’s DUI laws effectively. Contact our firm today for skilled DUI defense.
Common Defense Strategies in DUI Pedestrian Cases
Some common approaches that our experienced attorneys might use to defend you when charged with a pedestrian-related DUI accident:
- Improper Field Sobriety Tests: Field sobriety tests must be administered correctly and under the appropriate conditions. Our attorneys may argue that these tests were flawed or improperly conducted, casting doubt on their reliability.
- Inadmissible Breathalyzer Results: There are stringent protocols for maintaining and using breathalyzer devices. Challenging the admissibility of breathalyzer results due to improper calibration or maintenance can be an effective defense strategy.
- Alternative Explanations: Presenting alternative reasons for the incident can also be pivotal. Factors such as adverse weather conditions, the pedestrian’s unexpected actions, or mechanical failure of the vehicle could be considered.
Our role is to meticulously review every detail of your case to formulate the most effective defense. By understanding these strategies, you can better appreciate how we aim to protect your rights and achieve the best possible outcome.
Plea Bargains and Lesser Charges: Are They Possible?
By assessing the evidence, highlighting mitigating circumstances, or questioning procedural errors, your attorney might persuade the prosecution to agree to a plea bargain. This could result in lesser charges like reckless driving instead of DUI. It’s crucial to remember that each case is unique, and a tailored defense strategy is essential for the best possible outcome. An experienced criminal defense attorney like Ben Stechschulte can negotiate on your behalf, potentially reducing the charges or penalties you face.
Build a Strong Defense with Stechschulte Nell
If you or someone you care about is facing a DUI charge involving a pedestrian, the stakes are incredibly high. Navigating these complex legal charges can be challenging, but you don’t have to do it alone. At Stechschulte Nell, our experienced defense lawyers are prepared to scrutinize every detail of your case, aggressively challenge any evidence, and provide a well-structured defense strategy aimed at protecting your rights and future.
We are on your side, always. Reach out to us today for a FREE comprehensive DUI case review and let us help you through this difficult time.
