DUI Penalties, Priors & Felony DUI

What is DUI with serious bodily injury?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
A third-degree felony — up to five years in prison — where a DUI causes injury creating a substantial risk of death, serious disfigurement, or protracted loss of a bodily function.

This is the threshold where a DUI case becomes a felony without any prior record at all. Up to five years in prison, up to $5,000, and a license revocation of at least three years.

The definition of serious bodily injury does real work here. It isn't any injury — it requires injury creating a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of a bodily function. Whether a given injury meets that standard is frequently disputed, and it's a fact question rather than a medical formality.

Causation is the other battleground, and it's often stronger ground. The State has to show that the impaired driving caused the injury, and in multi-vehicle crashes, crashes with contributing road conditions, or crashes where the injured person's own conduct contributed, that link is examinable.

These cases move quickly and evidence disappears. The vehicles, the scene, and the electronic data all have limited windows.

If there's any chance of this charge, evidence needs preserving now rather than after filing. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.