If, as a result of a violation of the provisions in §§ 5201, 5202 and 5203 of this title, a driver should cause “serious bodily injury” to a human being, he/she shall be guilty of a felony and, upon conviction, shall be punished by the fines provided in § 5205 of this title, under identical circumstances; and shall also be punished by imprisonment for a fixed term of eighteen (18) months. If there are aggravating circumstances, the fixed penalty thus established may be increased to a maximum of three (3) years; if there are extenuating circumstances, it may be reduced to a minimum of six (6) months and one (1) day. Furthermore, it shall entail the suspension of the driver’s license for a term that shall not be less than two (2) years, nor more than seven (7) years, as well as prevent any other proceeding for the same violations under §§ 5201, 5202 and 5203 of this title. For purposes of this chapter, “serious bodily injury” shall mean such injury that results in physical or mental disability, whether partial or total, temporary or permanent, that severely affects the physiological, physical, or mental functions of a person. It also includes bodily injury that involves a substantial risk of death, loss of consciousness, extreme physical pain, protracted and obvious disfigurement, protracted loss or impairment of the function of a bodily member, organ, or mental faculty
If a person who has been convicted of violating §§ 5201, 5202 and 5203 of this title once again violates the same sections, he/she shall be deemed to be a recidivist under the appropriate section.
History —Jan. 7, 2000, No. 22, § 7.06; June 3, 2004, No. 132, § 7; July 13, 2011, No. 137, § 1.