Tampa DUI Accident Defense Attorney

The Burden of Proof in a DUI Injury Case

A driver who is accused of causing an accident while driving under the influence of alcohol or drugs may face felony charges if another person is seriously injured or loses their life in the collision. This offense, commonly referred to as DUI causing injury, must involve the following elements in order for the prosecuting attorney to secure a conviction:

• The defendant was driving the vehicle;
• The defendant had an unlawful blood alcohol concentration of .08% or greater, and/or had abilities that were impaired by alcohol or a controlled substance;
• The defendant caused the accident;
• The victim was injured; and
• The victim's injuries occurred as the result of the accident.

In criminal court, the burden of proof lies on the prosecution. This means that the prosecuting attorney must prove, beyond a reasonable doubt, that all of the above factors are true in order to secure a conviction against a defendant who stands accused of DUI causing injury.

It will be in your lawyer's hands to challenge physical evidence and witness testimony presented by the prosecution – and to present evidence and witness testimony on your behalf – in order to help you avoid a conviction. This may be accomplished by the strategic cross-examination of the arresting officer as well as any expert witnesses that the prosecuting attorney brings to the stand. It may also be accomplished by conducting a complete investigation into the circumstances of the accident and all evidence involved in order to uncover details that support your innocence. At times, cases of this kind may come down to the smallest details: mishandled evidence, an improperly calibrated breathalyzer device, an unlawful arrest or other issue that renders evidence or testimony unreliable in court.

Lawyer for DUI with Injury Charges in Tampa, Florida

At Thomas & Paulk, we know what it takes to effectively challenge DUI injury cases inside and outside of the criminal courtroom. When our clients' futures are on the line due to felony charges of this kind, we can use our experience and our resources in this field to properly determine how to approach their case, conduct a full investigation into the matter, and then carry out a plan of action that supports their legal rights and freedom to the fullest extent.

Take this opportunity to learn more about the services that our law firm provides for drivers throughout Tampa and all of Hillsborough County, FL. We can handle all criminal court proceedings related to your case and can also offer you legal representation at your DHSMV hearing to challenge the administrative suspension of your license.

Contact a Tampa DUI lawyer today and find out how we can help you.