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Q:     What can be the penalty be for a DUI accident with serious bodily injury and property damage while driving on a suspended license?  My grandson was charged with DUI-SBI, property damage and also… Scroll down to read more!

Q:     What can be the penalty be for a DUI accident with serious bodily injury and property damage while driving on a suspended license?  My grandson was charged with DUI-SBI, property damage and also with DWLS.  The other person he hit had internal injuries. Can you tell me what he could be facing in FL?  Thank you for any info.
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5 lawyers agreed with this answer

Tara Elizabeth Faenza
Tara Elizabeth Faenza
Criminal Defense Attorney – Miami Beach, FL
Stacy A Kemp
Stacy A Kemp
Car / Auto Accident Lawyer – New Port Richey, FL
Derek Anthony Patrin
Derek Anthony Patrin
DUI / DWI Attorney – Andover, MN
Jordan Stuart Redavid
Jordan Stuart Redavid
Criminal Defense Attorney – Miami, FL
Gabe Neibergall
Gabe Neibergall
Criminal Defense Attorney – Spring Hill, FL

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Answered DUI-SBO is a 3rd degree felony punishable by up to 5 years in prison/ DUI-Property Damage is a 1st degree misdemeanor punishable by up to 364 days in jail and DWLS- Knowingly is also a 1st degree misdemeanor punishable by up to 364 days in local jail (if it was DWLS-Unknowning then it is an infraction which does not carry any jail time).

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.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 

When it comes to the subject of drinking and driving, the best advice that you are ever going to hear is:  “Don’t do it!  Get a DD (Designated Driver), not a DUI”.


Be smart{er than Joseph Maine}: Don’t drink and drive, but, if you do, just say “NO{thing}”, don’t blow (in FL your 2nd subsequent refusal is a crime) and call me stat at 305-381-8686, 305-798-2220 or 1-888-SHARK-8-1.
Michael A. Haber, P.A.: Providing creative, effective and zealous criminal defense litigation services primarily in SoFlo since 1991.
At Michael A. Haber, P.A. “Its all about reasonable doubt”! 
Michael A. Haber, Esq. is prepared to speak with you about your case!
Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1




THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


#Webisode #YouTube #VideoFAQ #AVVO #HaberPA #Arrest #Arrested #CriminalLawyer #CriminalLaw #CriminalDefense #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #CriminalAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Sealing #Expungement #CriminalRecord #CriminalHistory #PSA #PublicServiceAnnouncement #SeriousBodilyInjury #SBI #DUIAccident #DWLS #SuspendedDriverLicense #SuspendedLicense #PropertyDamage #DUISBI #Jail #Prison #Sentencing #AVVO 

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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!
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  • positive review  Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.

    DrNetta Shaked Avatar DrNetta Shaked
    July 26, 2017
  • positive review  Thanks again. You are second to none when it comes to defending your clients. For that, I thank you

    Leo Gonzalez Avatar Leo Gonzalez
    April 10, 2017
  • Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense

    Chiko Sarri Avatar Chiko Sarri
    April 11, 2016
  • positive review  Michael is the person to call when you need help or advice! He understands.

    Lloyd Goradesky Avatar Lloyd Goradesky
    January 11, 2014
  • positive review  Outstanding legal scholar!

    Aj Daoud Avatar Aj Daoud
    December 21, 2013
  • positive review  Michael has helped my family and I on a few occasions and the results were excellent, he represents his clients with the utmost respect and professionalism.

    David Schindler Avatar David Schindler
    August 12, 2013
  • positive review  ABSOLUTELY Michael. Your my second favorite Lawyer behind my cousins Law firm in Brooklyn. The Berkman Law Firm.

    Andrew Scott Wasserman Avatar Andrew Scott Wasserman
    August 11, 2013
  • positive review  Interesting and Informative

    Debbie Molinaro Avatar Debbie Molinaro
    July 20, 2013

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