DUI with Serious Bodily Injury Crash Report
In the early hours of December 30, 2024, at 2:43 a.m., deputies from the Hillsborough County Sheriff’s Office responded to a severe two-vehicle collision on Waters Avenue involving DUI with Serious Bodily Injury. Upon reaching the scene, they found a man trapped inside his Dodge Ram truck, which had been pushed into a tree. Investigators determined that the driver responsible for the crash had been traveling westbound at high speed, rear-ending the victim’s truck and causing the violent impact.
The driver showed clear signs of impairment, leading to a DUI investigation. He was subsequently arrested and charged with DUI with Serious Bodily Injury, under Florida Statute 316.193.3c2. The victim, who suffered serious lower leg injuries, was transported to St. Joseph’s Hospital and is expected to recover.
Sheriff Chad Chronister emphasized, “Driving under the influence is a choice that puts lives at risk. We are thankful the victim is expected to recover, and we urge everyone to make responsible decisions to keep our roads safe.”
Florida Statute 316.193.3c2: DUI with Serious Bodily Injury
Key Provisions of Florida Law
Under Florida Statute 316.193.3c2, a DUI charge escalates to a felony when it results in serious bodily injury. Here are the key components:
- Definition of Serious Bodily Injury:
- Any injury involving a substantial risk of death, significant disfigurement, or protracted impairment of bodily functions.
- Criminal Penalties:
- Third-degree felony, punishable by up to 5 years in prison and fines up to $5,000.
- Additional Consequences:
- Mandatory driver’s license revocation, DUI school, and potential civil lawsuits for damages.
What is TRAF1058?
TRAF1058 is a unique identifier or code used in Florida to reference specific traffic-related offenses, such as DUI with serious bodily injury. It is commonly cited in legal and law enforcement records to track and manage cases involving severe violations of traffic laws. This code helps streamline case documentation and is frequently referenced in reports, legal proceedings, and public safety announcements.
DUI with Serious Bodily Injury: Overview and Penalties
Key Penalties for DUI with Serious Bodily Injury
DUI with Serious Bodily Injury in Florida carries significant consequences:
- Incarceration: Up to 5 years in Florida State Prison.
- Fines: Up to $5,000.
- Driver’s License Revocation: Minimum 3 years, depending on prior convictions.
This offense is listed as “DUI WITH SERIOUS BODILY INJURY (TRAF1058)” on the Hillsborough County Sheriff’s Office arrest inquiry page.
Sentencing Guidelines
- DUI with Serious Bodily Injury is classified as a level 7 felony with 56 points on the sentencing scoresheet.
- An additional 40 points are added if the victim’s injuries are deemed severe, often resulting in a sentence exceeding 4 years unless a “downward departure” is granted.
- Definition of Serious Bodily Injury: Any injury causing impairment of a body part or organ, disfigurement, or a substantial risk of death.
Prosecutor’s Approach
Prosecutors typically seek penalties close to the statutory maximum, making these cases more likely to proceed to trial compared to other third-degree felonies.
License Revocation and Hardship Reinstatement
Driver’s License Revocation Periods
| Circumstance | Minimum Revocation Period | Hardship Eligibility |
|---|---|---|
| First conviction, no prior DUIs | 3 years | After completing DUI school. |
| Second conviction within 5 years | 5 years | After 12 months. |
| Third conviction within 10 years | 10 years | After 24 months. |
| Third conviction outside 10 years | 3 years | After 12 months. |
| Fourth conviction (any timeframe) | Permanent lifetime revocation | Not eligible. |
Fighting DUI with Serious Bodily Injury Charges
Top Strategies for Defense
- Challenge the Traffic Stop: Evaluate whether the initial stop was legally justified.
- Review the Evidence: Analyze breathalyzer results and other evidence for accuracy.
- Investigate Medical Factors: Determine if medical conditions mimicked impairment symptoms.
- Examine Witness Testimony: Identify inconsistencies in statements.
- Negotiate for Downward Departure: Work to reduce sentencing severity.
Importance of Legal Representation
If you’ve been arrested for DUI with Serious Bodily Injury, it’s crucial to seek legal guidance immediately. A skilled attorney can:
- Assess the strengths and weaknesses of the case.
- Negotiate with prosecutors for reduced charges or alternative sentencing.
- Represent you effectively in court.
Call now for a free consultation!
Chart: Sentencing Scoresheet for DUI with Serious Bodily Injury
| Factor | Points Added to Scoresheet |
|---|---|
| Level 7 Felony Base Points | 56 |
| Severe Injury to Victim | 40 |
| Total for Mandatory Prison | 96+ (4+ years required) |
Florida DUI Trends in Tampa Bay
Statistics
| Year | DUI Arrests | DUI with Serious Injury | Fatal DUI Crashes |
|---|---|---|---|
| 2022 | 5,678 | 320 | 95 |
| 2023 | 6,032 | 355 | 102 |
| 2024* | 6,200 | 380 | 110 |
| *Projected |
*Data reflects Hillsborough County and the surrounding Tampa Bay area.
DUI Hotspots
- Waters Avenue
- Dale Mabry Highway
- Kennedy Boulevard
Avoiding a DUI Charge: Tips for Safe Driving
Bullet Points for Safe Choices
- Designate a sober driver before going out.
- Use ride-sharing services like Uber or Lyft.
- Stay overnight at your destination if alcohol is involved.
- Host responsibly by providing non-alcoholic options and safe transportation.
- Familiarize yourself with local DUI laws and their penalties.
Defending Against a DUI Charge in Florida
If you or a loved one faces DUI charges, it’s critical to know your rights. Here are the top defenses against DUI allegations:
Top 5 DUI Defenses
- Improper Traffic Stop: Challenge the legality of the initial stop.
- Faulty Breathalyzer Equipment: Argue inaccurate BAC readings.
- Medical Conditions: Prove medical issues mimicked impairment signs.
- Field Sobriety Test Errors: Question the validity of roadside tests.
- Absence of Probable Cause: Highlight lack of evidence for arrest.
When to Call a DUI Defense Attorney
If you’ve been arrested under TRAF1058 or Florida Statute 316.193.3c2, immediate legal action is essential. An experienced attorney can:
- Evaluate the evidence against you.
- Identify weaknesses in the prosecution’s case.
- Negotiate reduced penalties or alternative sentencing.
Top 5 Factors to Consider When Hiring a DUI Attorney
| Factor | Why It Matters |
| Experience | Specialized knowledge of Florida DUI laws. |
| Track Record | History of successful case outcomes. |
| Resources | Access to expert witnesses and investigators. |
| Communication Skills | Clear and consistent updates on case progress. |
| Cost Transparency | Upfront explanation of fees and billing practices. |
Chart: Penalties for DUI Offenses in Florida
| Offense Level | Penalties |
| First DUI | Up to 6 months in jail, $1,000 fine. |
| DUI with Property Damage | Up to 1 year in jail, $1,000 fine. |
| DUI with Serious Injury | Up to 5 years in prison, $5,000 fine. |
| DUI Manslaughter | Up to 15 years in prison, $10,000 fine. |
Conclusion
Florida’s strict DUI laws aim to protect lives on the road, but navigating the legal landscape requires expertise. If you’ve been charged under TRAF1058 or Florida Statute 316.193.3c2, you don’t have to face it alone.
Contact W.F. Casey Ebsary Jr.
For skilled DUI defense in Tampa Bay, reach out to W.F. Casey Ebsary Jr. at 813-222-2220. With years of experience and a commitment to fighting for your rights, he’s the advocate you need.