Learn About the Legal Issues and Consequences You Face in Florida for a DUI With Property Damage Charge

Driving under the influence (DUI) in Florida is a serious charge, but when there’s property damage involved, the stakes become much higher. If you’re facing a DUI charge that includes property damage, understanding the legal landscape and the potential consequences is critical. Florida law treats DUI cases involving property damage severely, and knowing what you're up against will help you prepare for your defense.

What Constitutes DUI With Property Damage in Florida?

Under Florida Statutes, a DUI occurs when a driver operates a vehicle with a blood alcohol concentration (BAC) of .08% or more or is impaired by alcohol or drugs. The situation escalates when a driver causes property damage while under the influence. This may include hitting another vehicle, crashing into a fence, or causing damage to any kind of property while driving impaired.

According to Florida Statute § 316.193(3), DUI with property damage is classified as a first-degree misdemeanor. Even though it’s not a felony, the penalties can be significant, including fines, jail time, and the potential for civil liabilities. Importantly, the state will aggressively pursue these charges, and as a defendant, it’s important to know your rights and the possible legal outcomes.

Penalties for DUI With Property Damage

In Florida, a DUI conviction with property damage carries harsher penalties than a standard DUI. Here’s what you could face if convicted:

  • Fines: You may be required to pay up to $1,000 for the DUI charge, but additional costs related to the property damage can increase your financial burden.
  • Jail Time: The court can sentence you to up to one year in jail. The amount of time will depend on the specifics of the case, including the amount of property damage caused and your prior criminal history.
  • Probation: If you’re convicted of DUI with property damage, you could face probation for up to a year, including mandatory substance abuse counseling and community service.
  • Restitution: You’ll likely have to pay for the damage caused to the property. The court can order restitution, and this amount could be substantial, especially if significant damage was done.

If this is not your first DUI offense, the penalties could be even more severe. Multiple DUI convictions often lead to increased jail time, heavier fines, and longer probation periods.

Defending Against DUI With Property Damage Charges

The first thing we’ll do when defending your case is review every detail of the stop, arrest, and accident. Did the officer have probable cause to stop you? Were the field sobriety tests administered properly? Was the breathalyzer or blood test accurate? All of these factors play into a strong defense strategy.

Challenging Probable Cause: One of the strongest defenses in any DUI case involves questioning whether the police had a valid reason to stop you. If we can show that the traffic stop was improper, the evidence against you may be inadmissible.

Disputing Field Sobriety and Chemical Tests: Field sobriety tests are subjective and can be influenced by factors like fatigue, anxiety, or medical conditions. Breathalyzer tests are also prone to errors if the machine isn’t calibrated properly or if the officer doesn’t administer the test correctly.

Establishing the Cause of the Accident: Just because you were involved in an accident doesn’t mean you were impaired or caused the damage. If we can show that the accident happened due to another driver’s actions or poor road conditions, this could weaken the prosecution’s case.

Florida Statutes Governing DUI With Property Damage

As we mentioned earlier, Florida Statute § 316.193(3) governs DUI with property damage. This statute makes it clear that if you’re convicted of DUI and it results in property damage, you face a first-degree misdemeanor charge. However, additional laws and regulations could come into play depending on the circumstances of the case.

Florida Statute § 775.082 provides sentencing guidelines for first-degree misdemeanors, outlining that up to one year of jail time can be imposed. Additionally, Florida Statute § 775.083 lists potential fines of up to $1,000.

If you’re also facing civil claims for the property damage caused, those cases will proceed separately from the criminal charges. A conviction in your DUI case could increase your liability in civil court.

Steps to Take if You’re Facing DUI With Property Damage Charges

If you’ve been arrested for DUI with property damage in Florida, there are several immediate steps you should take to protect yourself:

  • Contact a DUI Defense Lawyer: An experienced attorney can guide you through the complex process, helping you understand your rights and building a solid defense. With so much on the line, it’s important not to face these charges alone.
  • Document the Accident: Write down everything you remember about the events leading up to the accident, the traffic stop, and your arrest. These details could be crucial in finding flaws in the prosecution’s case.
  • Request a Formal Review Hearing: If your license has been suspended due to the DUI charge, you have the right to request a formal review hearing within ten days of your arrest. At this hearing, we can challenge the suspension and fight to keep your driving privileges.
  • Stay Out of Further Legal Trouble: It’s important to stay out of trouble while your case is pending. Any additional legal issues could complicate your defense and lead to more severe penalties.

Possible Outcomes in DUI With Property Damage Cases

When facing DUI with property damage charges, the outcome of your case will depend on several factors, including the strength of the evidence, whether you have prior DUI convictions, and the specific details of the property damage involved.

In some cases, it may be possible to negotiate a reduction of the charges. For example, if there are issues with the evidence or the circumstances of the stop, the prosecution may agree to reduce the charge to reckless driving. This can significantly lower the penalties and prevent a DUI conviction from appearing on your record.

If we’re able to get the charges dismissed, either because of procedural errors or lack of evidence, you won’t face the penalties of a DUI conviction, and your record will remain clear.

FAQs About DUI With Property Damage in Florida

How does DUI with property damage differ from a standard DUI?

The primary difference between a standard DUI and DUI with property damage is the inclusion of damage to property in the charges. While a standard DUI may lead to fines, license suspension, and jail time, a DUI with property damage can include restitution costs for the damage you caused. The penalties are often more severe, and you could face civil lawsuits from property owners in addition to the criminal charges.

Can I avoid jail time if convicted of DUI with property damage?

Yes, it’s possible to avoid jail time, but this will depend on the specifics of your case and whether this is your first DUI offense. If you have no prior criminal record and the property damage wasn’t extensive, the court may impose probation, community service, or house arrest instead of jail time. Negotiating with the prosecution or fighting for a reduction of charges can also help reduce the likelihood of jail time.

What if I wasn’t the one who caused the accident?

Even if property damage occurred, it’s important to establish who was at fault for the accident. If we can show that another driver or external factors (like road conditions) caused the accident, this can significantly impact your case. It may also weaken the prosecution’s argument that your impairment led to the property damage.

What defenses can I use in a DUI with property damage case?

Several defenses may be available in a DUI with property damage case. Common defenses include challenging the legality of the traffic stop, disputing the accuracy of the field sobriety or chemical tests, and proving that the accident wasn’t caused by your actions. Each case is different, and the defenses we use will depend on the facts of your situation.

What happens if this is my second DUI?

If this is your second DUI offense, the penalties will be much more severe. You could face longer jail time, higher fines, a longer license suspension, and a requirement to install an ignition interlock device. Additionally, if the property damage was significant, the court may impose stiffer penalties due to the prior offense.

Contact Musca Law 24/7/365 at 1-888-484-5057 for Your FREE Consultation

Facing a DUI with property damage charge in Florida can be overwhelming, but you don’t have to go through it alone. At Musca Law, we are dedicated to helping you build a strong defense and protecting your rights. We understand the serious consequences that come with these charges, and we’re here to fight for the best possible outcome in your case.

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.