Bewick v. State
Docket: No. 85-1785
Court: District Court of Appeal of Florida; January 14, 1987; Florida; State Appellate Court
Bewick appeals his felony conviction for two counts of driving while intoxicated (D.W.I.) causing serious bodily injury, arguing that he could only be convicted under section 316.1931(2)(b)3 if his prior D.W.I. conviction involved damage to another's person or property. He acknowledged a prior D.W.I. conviction that did not involve such damage. After his motion to dismiss was denied, he entered a nolo contendere plea, preserving his right to appeal. The court affirmed the denial of the motion, emphasizing that the statute's language is clear and unambiguous. The legislature intended to impose harsher penalties for subsequent D.W.I. offenses that result in injury or damage, regardless of the circumstances of prior offenses. The relevant statute, section 316.1931, prohibits driving under the influence while lacking full possession of faculties and treats any prior D.W.I. conviction as a prior violation. Specifically, subsection (2) states that causing serious bodily injury while intoxicated constitutes a third-degree felony if the offender has a prior conviction under subsection (1). The court found that the trial court correctly interpreted the statute, affirming the conviction. The ruling clarifies that a conviction under this statute does not prevent subsequent civil suits for damages against the convicted individual.