What are the penalties in FL for a DUI accident w/ serious bodily injury and DWLS ~ “Best Answer” on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

That said, while the maximum time is usually easy to determine (in this case 7 years and a $7,000.00 in fines), the minimums are much more difficult to ascertain as they are determined by calculating the sentencing range using the sentencing guidelines (see: http://www.dc.state.fl.us/pub/sen_cpcm/ ), and as the sheet considers a variety of factors it is impossible to predict either the low end of the guidelines or a likely sentence without being intimately familiar with the facts and circumstances of both the case and the Defendant.

There are a variety of enhancers and mitigators which can come into play and dramatically effect the guideline range. Further the score sheet considers a variety of factors which include such matters as the offenses for which one is presently charged, prior criminal history, level of victim injury, and a variety of other potential sentencing enhancers, which all “score” certain points and then, when calculated, a sentencing range is established. In order to have a clearer idea of what one faces an experienced criminal defense attorney will have review both the case and the Defendant’s personal information.

Unfortunately, without knowing the particulars of both the offense and the Defendant it is impossible to tell you what the low end will be. Further precluding a competent answer is the possibility of other non-guideline enhancers (minimum mandatory penalties, sentencing designators – like habitual, violent, career, prison release reoffender, etcetera), and various mitigators which could effect the sentence (i.e. is he a youthful offender, are there any applicable statutory mitigation available to him – see: http://www.flsenate.gov/laws/statutes/2011/921…. ) which are also unknown from your question.

But, before you break out the shovel, dig the hole and begin to nail down your coffin consider that you might not enjoy viable defense(s) to your charge, affirmative or otherwise, or that there may be factual, legal, procedural or substantive mechanisms by which to attack and beat the charges in your unique case. There may be aggravators or mitigators which can effect the sentence. There are just too many factors to consider to venture an educated guess on line.

Is your grandson facing jail time? Yes… Prison time in fact. Will he get it? Maybe. Maybe not. What I can tell you is that in my opinion your odds at a favorable outcome are almost certain to increase with an experienced G-ville area criminal defense lawyer efforting toward his interests.

In the interim please take a look at my Avvo Legal Guide on sentencing in Florida. It will explain the guidelines and point system and should be helpful to giving you an understanding. For your convenience a link follows, but note that nothing supplants custom tailored advise from an experienced criminal defense lawyer.

Please see: http://www.avvo.com/legal-guides/ugc/sentencing…

I hope that I have been helpful in answering your question.