Understanding Your Legal Options After a DUI Accident Charge in Florida
Being charged with DUI is stressful enough, but when an accident is involved, things can escalate quickly. Florida law treats DUI charges stemming from accidents more severely than a standard DUI. You could face additional penalties like property damage or personal injury charges. If you’ve found yourself in this situation, you may be wondering if a DUI lawyer can help. The answer is yes—having an attorney on your side is crucial to protecting your rights and working toward the best possible outcome.
How Florida Law Handles DUI After an Accident
Under Florida Statute § 316.193, a person is guilty of driving under the influence if their blood alcohol concentration (BAC) is 0.08% or higher or if their normal faculties are impaired by alcohol or drugs. When a DUI occurs alongside an accident, the situation becomes more complicated, especially if the crash results in injury, property damage, or death. Let’s break down how the law treats these cases.
DUI with Property Damage
If you’re involved in a DUI accident that causes property damage, you can be charged with a first-degree misdemeanor in addition to the standard DUI charge. This means that beyond facing the usual DUI penalties—such as fines, possible jail time, and license suspension—you could also be liable for paying restitution for any property damage caused during the accident. This can include damages to vehicles, homes, fences, or other structures involved in the crash.
For example, Florida Statute § 316.193(3)(c)(1) outlines that if a person causes property damage or minor injuries while under the influence, they can be sentenced to up to one year in jail and face additional fines, along with the typical penalties for DUI.
DUI with Personal Injury
The stakes are even higher if someone is injured in the accident. In these cases, the DUI charge is upgraded to a third-degree felony, which comes with harsher penalties than a standard misdemeanor DUI. You could be looking at up to five years in prison, significant fines, and a mandatory license suspension. Personal injury could involve other drivers, passengers, or pedestrians, and even if the injuries are minor, the consequences you face are severe.
Under Florida Statute § 316.193(3)(c)(2), causing serious bodily injury while driving under the influence is a third-degree felony. This can lead to additional penalties like court-ordered restitution to cover medical expenses for the injured parties and increased jail time.
DUI Manslaughter
If the accident results in a fatality, the charge can be upgraded to DUI manslaughter, which is one of the most serious DUI offenses under Florida law. DUI manslaughter is classified as a second-degree felony, punishable by up to 15 years in prison and fines up to $10,000. Florida Statute § 316.193(3)(c)(3) sets out the legal framework for DUI manslaughter, and the penalties for this charge reflect the gravity of the offense.
Beyond the criminal penalties, you may also face civil lawsuits from the family of the deceased, which can further complicate the legal landscape you’re dealing with. In these cases, the importance of having an experienced DUI lawyer cannot be overstated.
Why You Need a DUI Lawyer After an Accident
If you’ve been charged with DUI after an accident, it’s essential to have a DUI lawyer representing you. Here’s why:
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Building a Strong Defense:
A DUI lawyer can examine the circumstances of the accident, including how the DUI stop was conducted, the validity of any breathalyzer or field sobriety tests, and whether your rights were violated at any point during the arrest. If there are any weaknesses in the prosecution’s case, an attorney will work to expose them. -
Negotiating with Prosecutors:
DUI lawyers are skilled negotiators. They can work with the prosecution to potentially reduce your charges or penalties, especially if there are mitigating factors in your case. For example, if this is your first offense and no one was seriously injured, your attorney might be able to negotiate for a plea deal or alternative sentencing options like probation or alcohol counseling. -
Challenging Evidence:
Breathalyzer machines and field sobriety tests are not infallible. Your attorney can scrutinize whether the equipment used in your case was calibrated properly and if the tests were administered according to protocol. If there were any issues, your lawyer can argue to have the evidence suppressed, which can weaken the prosecution’s case. -
Managing Multiple Charges:
If your DUI involved an accident, you’re likely facing multiple charges—DUI, property damage, or personal injury. A DUI lawyer understands how to manage these overlapping charges and craft a defense strategy that addresses all aspects of your case.
Penalties You May Face
The penalties for DUI in Florida can vary based on the circumstances of the case. When an accident is involved, here’s what you could be facing:
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Fines:
Fines for a DUI can range from $500 to $1,000 for a first offense. However, when property damage or injury is involved, fines can increase significantly, potentially reaching into the thousands of dollars. In DUI manslaughter cases, fines can go as high as $10,000. -
Jail Time:
For a standard first-time DUI, you may face up to six months in jail. When an accident is involved, the potential jail time increases dramatically. If someone was injured, you could face up to five years in prison, and for DUI manslaughter, up to 15 years. -
License Suspension:
A DUI conviction will result in the suspension of your driver’s license. For a first offense, this suspension can last between 180 days and one year. If the DUI involved an accident or injury, the court may impose a longer suspension period, and you may need to complete additional requirements, such as DUI school, before your license can be reinstated. -
Probation and Community Service:
Many DUI sentences also include probation and mandatory community service. If your DUI resulted in an accident, the court is likely to impose stricter probation terms and more community service hours than in a typical DUI case. -
Restitution:
If you caused property damage or injury, you could be ordered to pay restitution to the victims. This can include repair costs, medical bills, and compensation for pain and suffering.
Can a DUI Lawyer Get My Charges Dismissed?
While there’s no guarantee that your DUI charges will be dismissed, a skilled DUI lawyer can significantly improve your chances of a favorable outcome. By identifying weaknesses in the prosecution’s case or demonstrating that your rights were violated, your attorney may be able to have your charges reduced or dismissed altogether.
How to Defend Against a DUI Accident Charge
If you’re facing DUI charges after an accident, it’s essential to take immediate action to protect your rights. Working with a DUI lawyer who understands Florida’s laws and legal system is critical to your defense. A few defense strategies that may apply to your case include:
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Challenging the Legality of the Traffic Stop:
Law enforcement must have a valid reason to stop your vehicle. If they did not have reasonable suspicion or probable cause to pull you over, your attorney may be able to get the charges dismissed. -
Disputing Test Results:
Breathalyzer and field sobriety tests are commonly used to measure impairment, but these tests aren’t always accurate. Your lawyer can examine the circumstances under which the tests were administered and challenge any discrepancies in the results. -
Proving Lack of Impairment:
Just because an accident occurred doesn’t automatically mean that alcohol or drugs were the cause. If your lawyer can show that the accident was caused by external factors, such as weather conditions or another driver’s actions, this can weaken the prosecution’s case.
DUI Defense FAQs
Can I go to jail if I’m charged with DUI after an accident?
Yes, jail time is a real possibility if you’re charged with DUI after an accident, especially if there’s property damage or injury involved. The amount of jail time will depend on factors such as whether this is your first offense and the severity of the accident. For example, if someone was injured, you could face up to five years in prison. In cases of DUI manslaughter, the penalty can be as severe as 15 years in prison.
How can a DUI lawyer help me if I was charged with DUI after an accident?
A DUI lawyer can help by analyzing the details of your case, such as how the stop was conducted, the validity of any test results, and whether your rights were violated. They can work to build a strong defense, negotiate with prosecutors, and potentially get your charges reduced or dismissed. Additionally, they’ll help you navigate the complexities of dealing with multiple charges, such as property damage or injury, that may arise from the accident.
What is the difference between DUI with property damage and DUI with personal injury?
DUI with property damage typically involves accidents that result in damage to vehicles, buildings, or other physical structures. This is considered a first-degree misdemeanor and can result in fines, restitution, and jail time of up to one year. DUI with personal injury is a more serious charge and is classified as a third-degree felony, carrying penalties of up to five years in prison and higher fines. If serious bodily injury occurs, the penalties become even more severe.
Can I lose my license if I’m charged with DUI after an accident?
Yes, a DUI conviction in Florida comes with an automatic suspension of your driver’s license. The length of the suspension can vary based on the specifics of your case, but for a first-time offense, it can last anywhere from 180 days to one year. If the accident involved injury or death, the suspension could be extended, and additional conditions may apply before your license can be reinstated.
What are the penalties for DUI manslaughter in Florida?
DUI manslaughter is a second-degree felony in Florida, punishable by up to 15 years in prison and fines of up to $10,000. Additionally, you could face a permanent revocation of your driver’s license, mandatory community service, and restitution payments to the victim’s family. In some cases, the court may also impose probation terms that include alcohol counseling and random drug testing.
What should I do if I’ve been charged with DUI after an accident?
The first thing you should do is consult with a DUI defense lawyer as soon as possible. DUI charges, especially those involving accidents, carry serious consequences, and time is of the essence when it comes to building a defense. Your attorney can help guide you through the legal process, evaluate the evidence, and work to minimize the impact of the charges on your life.
Call Musca Law 24/7/365 at 1-888-484-5057 for your FREE Consultation
If you’ve been charged with DUI after an accident, it’s important to act quickly. The consequences you’re facing are serious, but you don’t have to go through this alone. Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation. Our experienced criminal defense attorneys are dedicated to defending people charged with DUI offenses in Florida and are ready to help protect your rights and your future.