Being charged with a DUI hit-and-run in Florida is a grave matter that can have serious legal consequences. Understanding the statutes, potential penalties, and viable defenses is crucial for anyone facing these charges. This comprehensive guide will explore these aspects in detail and explain why having an experienced attorney is essential.

Statute and Legal Definitions

Florida law takes DUI hit-and-run offenses very seriously due to the potential harm to individuals and property. The relevant statutes and legal definitions provide a framework for understanding these charges and their implications.

Florida Statutes § 316.193 - Driving Under the Influence

Florida Statutes § 316.193 defines DUI as operating a vehicle with a blood alcohol content (BAC) of 0.08% or higher or while impaired by alcohol or other substances. This statute outlines the penalties for DUI offenses, which can be compounded when combined with a hit-and-run incident.

Florida Statutes § 316.061 - Accidents Involving Damage to Vehicle or Property

Florida Statutes § 316.061 requires that any driver involved in an accident resulting in damage to another vehicle or property must immediately stop at the scene and exchange information. Failing to do so constitutes a hit-and-run offense.

Florida Statutes § 316.027 - Accidents Involving Death or Personal Injuries

Florida Statutes § 316.027 stipulates that leaving the scene of an accident involving injury or death is a serious felony offense. The statute mandates that drivers must remain at the scene, provide aid, and report the incident to the authorities.

Potential Fines, Jail Time, Probation, and Other Potential Punishments and Consequences if Convicted

The penalties for a DUI hit-and-run conviction in Florida are severe and can include fines, jail time, probation, and other consequences. The specific punishments depend on the details of the offense and any prior convictions.

Fines

For a first-time DUI offense without a hit-and-run, fines range from $500 to $1,000. When combined with a hit-and-run, fines can increase significantly. If the hit-and-run results in property damage, fines can be up to $5,000. If the accident involves injury or death, fines can exceed $10,000.

Jail Time

Property Damage: If the hit-and-run involves property damage, the offender can face up to one year in jail for a first-degree misdemeanor.

Injury: Leaving the scene of an accident involving injury is a third-degree felony, punishable by up to five years in prison.

Death: If the hit-and-run results in death, it is classified as a first-degree felony, carrying a penalty of up to 30 years in prison.

Probation

Probation is often part of the sentence for DUI hit-and-run convictions. Conditions of probation may include regular check-ins with a probation officer, attendance at DUI school, community service, and participation in substance abuse counseling or treatment programs. Violating probation terms can result in additional penalties, including imprisonment.

Other Potential Punishments

Additional consequences of a DUI hit-and-run conviction can include:

Driver's License Suspension: A DUI hit-and-run conviction can result in a lengthy driver's license suspension, potentially lasting several years.

Community Service: The court may order a significant amount of community service.
Ignition Interlock Device: Installation of an ignition interlock device (IID) may be required for a specified period.

Permanent Criminal Record: A conviction can result in a permanent criminal record, affecting future employment opportunities, travel, and personal reputation.

Common Defenses Against This Charge

Defending against DUI hit-and-run charges requires a thorough understanding of the legal principles and strategies involved.

Challenging the Traffic Stop

One common defense is to argue that the initial traffic stop was unlawful. Law enforcement must have reasonable suspicion to stop a vehicle. If it can be shown that the stop was improper, any evidence obtained as a result may be inadmissible in court.

Disputing BAC Results

Another defense is to challenge the accuracy and administration of BAC tests. Breathalyzer machines must be properly maintained and calibrated, and the tests must be administered according to specific protocols. Any deviation from these requirements can cast doubt on the results.

Lack of Knowledge

A defense could be that the defendant was unaware that an accident occurred. In some cases, especially with minor collisions, the driver may not realize they were involved in an accident. Proving a lack of knowledge can be crucial in such cases.

Medical Conditions

Certain medical conditions can mimic signs of intoxication. For example, diabetes, neurological disorders, and certain medications can cause symptoms that appear similar to impairment. Providing medical evidence can help support this defense.

Emergency Situations

If the defendant left the scene due to a medical emergency or other exigent circumstances, this could serve as a defense. However, the defendant would need to provide evidence of the emergency situation that justified leaving the scene.

False Accusations

In some cases, the defendant may be falsely accused of the offense. This can happen due to mistaken identity, malicious intent, or other reasons. An attorney can investigate the circumstances and gather evidence to support the defendant's innocence.

Call Musca Law Day or Night at 1-888-484-5057 For Your Free Consultation 

Facing DUI hit-and-run charges in Florida is a serious matter that requires immediate and skilled legal assistance. Musca Law, P.A. offers experienced DUI defense attorneys with a proven record of success. We provide free consultations 24/7/365 at 1-888-484-5057 and serve all 67 counties in Florida. Protect your rights and future by contacting Musca Law, P.A. today for expert legal representation.