A DUI with bodily injury may be harshly punished in Broward County. In a recent appellate decision, the defendant had rear-ended a car while she was under the influence of unlawful substances. This caused serious bodily injuries to two passengers. With regard to each passenger the defendant was convicted of DUI with serious bodily injury as well as driving on a suspended license with serious bodily injury.
The defendant pled no contest to third degree felony charges and a second-degree misdemeanor charge for not carrying appropriate liability insurance. Five-year consecutive sentences were put in place for the felony counts.
Among other arguments, she argued that her convictions violated the constitution’s rule against double jeopardy. The appellate court explained the case was controlled by an earlier case involving a double jeopardy challenge to dual convictions for DUI with serious bodily injury and driving without a valid license for serious bodily injury, with both convictions arising from the same injury. In that earlier case, the defendant had argued the convictions shouldn’t be allowed because they penalized him twice for causing injuries to one victim with one act. For example, dual convictions for a single death that occurs because of a DUI are a double jeopardy violation. In this case, the defendant’s dual DUI convictions were similar to those in that case because put in place two punishments for a single injury to a single victim by one act of driving under the influence.