DUI WITH PROPERTY DAMAGE FLORIDA
Aggressively Fighting for the Best Possible Outcome
Experienced DUI Attorneys for Property Damage-Related DUI Charges in the Tampa Bay Area
Driving under the influence of alcohol or chemical substances is a serious criminal offense requiring skilled representation. When facing accusations of DUI with property damage, Florida residents can rely on Buda Law for experienced legal support.
Florida takes matters of road and highway safety seriously. When someone impairs his or her capacity to operate a vehicle safely and chooses to drive anyway, courts can impose severe penalties. Conviction can lead to imprisonment, fines, loss of driving privileges, and controlled substance abuse course requirements. When the case involves property damage, harsher penalties apply than in standard DUI cases. Our Tampa DUI attorneys can help you understand the charges you face and fight to protect your rights in court.
Choose Buda Law for DUI defense in Tampa, Clearwater, St. Petersburg, and the surrounding Tampa Bay area. Call (813) 322-2832 or contact us online today to schedule a free consultation with an experienced DUI lawyer in Tampa.
What is DUI With Property Damage in Florida?
Alcoholic beverages and controlled substances can seriously interfere with a person’s normal faculties. Impaired drivers are more prone to reckless driving and mistakes, endangering both themselves and everyone on the road. For this reason, state law harshly punishes anyone who operates a motor vehicle with an unlawful blood alcohol level or breath alcohol level.
The consequences for driving under the influence increase when it results in property damage. This includes not only damage to other moving vehicles, but also damage to homes, fences, parked cars, and more. Buda Law provides legal support for clients facing DUI charges. Our team will help you know what to do when pulled over for DUI and represent your interests at every stage of the legal process.
DUI With Property Damage Florida Statute
Matters related to DUIs are thoroughly covered under § 316.193 of the Florida Statutes. Courts generally consider DUI with property damage to be a first-degree misdemeanor. However, charges and penalties may be enhanced for cases involving prior DUI convictions or other aggravating factors.
To convict someone of a DUI with property damage, the prosecution must prove the following beyond a reasonable doubt that the defendant:
- Was driving or was in actual physical control of a vehicle
- Had a blood alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood OR a breath alcohol level of 0.08 or more grams of alcohol per 210 liters of breath
- Directly caused property damage
Having legal representation is the best way to defend against a prosecutor’s case. A Tampa misdemeanor lawyer can anticipate the prosecution’s arguments and counter them.
DUI Damage to Property or Person Florida Charges
Courts treat DUI cases more severely when they result in measurable harm. Some DUI-related accidents only cause harm to objects, which can cause the victim financial hardship. The charge becomes even more serious when an accident harms a human being.
Florida law defines “serious bodily injury” as an injury that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ. These cases qualify as a third-degree felony, which can lead to enhanced penalties.
Is a DUI With Property Damage a Felony?
DUI with property damage typically remains a misdemeanor charge as long as it is the defendant’s first or second offense. However, having multiple offenses affects the charge level. A third conviction for DUI within 10 years of a prior conviction constitutes a third-degree felony. The same applies to a fourth or subsequent violation occurring at any time after prior convictions. If, in addition to property damage, the responsible party causes serious bodily injury or death, they can expect to face a felony charge.
What is the Sentence for DUI With Property Damage in Florida?
A person convicted of DUI with property damage can face the following penalties:
- First or second offense: Imprisonment or probation of up to 1 year and up to $1,000 in fines.
- Third offense more than 10 years after a prior conviction: Imprisonment of up to 1 year and up to $5,000 in fines.
- Third or subsequent conviction within 10 years OR fourth or subsequent conviction at any time: Imprisonment of up to 5 years and up to $5,000 in fines.
Whether you need help from a Tampa, FL first DUI lawyer or someone with experience defending those with multiple convictions, choose Buda Law. Our team will construct a defense plan tailored to your unique circumstances.
Additional Florida DUI With Property Damage Penalties
Any DUI conviction will result in a driver’s license suspension. Second or subsequent offenders must have an ignition interlock device installed on any of their vehicles once they qualify for a permanent or restricted license. Installation occurs at the convicted person’s sole expense. Offenders may be required to participate in community service.
All offenders must complete a substance abuse education program through a recognized DUI school. Following the DUI program’s psychosocial evaluation, such a program may additionally require substance abuse treatment. Offenders are expected to assume reasonable costs for education, evaluation, and treatment.
Sentencing can also include vehicle impoundment or immobilization at the court’s discretion. Impoundment refers to storing a vehicle at a storage facility. The person impounding such a vehicle exercises control, supervision, and responsibility over the vehicle. Immobilization can occur through the installation of certain immobilizing devices on a vehicle. Alternatively, it may occur through a governmental agency’s act of taking physical possession of the license tag and vehicle registration, rendering a vehicle legally inoperable. Impoundment or immobilization must occur concurrently with the driver’s license revocation imposed by the court.
Does Insurance Cover DUI Damage?
In Florida, drivers must carry mandatory Personal Injury Protection (PIP) and Property Damage Liability (PDL). PIP covers a percentage of your medical costs for injuries resulting from auto accidents. PDL covers damage you cause to another person’s property.
Insurance companies may attempt to deny claims, which can complicate your case. Furthermore, a DUI conviction will significantly increase your insurance premiums. The best way to avoid costly insurance increases is to avoid conviction altogether. Buda Law’s skilled DUI defense attorneys in Florida will do everything in our power to make that happen.
Civil Liability for Property Damage DUI
At-fault drivers can be held financially responsible for the victim’s losses through a personal injury lawsuit. If the case is successful, the court can order you to cover vehicle repair costs and other property damage.
In addition to criminal defense, our attorneys also offer personal injury legal services. Our Tampa car accident attorneys are prepared to use their experience to your benefit when you face a lawsuit.
Long-Term Consequences of a DUI Property Damage Conviction
DUI convictions automatically go on your permanent criminal record. This record is open to the public, which means it can affect both employment and housing opportunities. Even if a convicted person qualifies for a restricted license after their sentence, it can be more difficult to get to work, appointments, and social events. Offenders may become totally ineligible for some jobs, including those requiring professional licensing.
Common Evidence Used in Florida Property Damage DUI Cases
One of the most common types of evidence submitted in property damage DUI cases is breath and blood test evidence. During the initial traffic stop, police may issue a breathalyzer test to determine your blood alcohol level. Alternatively, they may take a blood sample after arresting you. If your blood or breath alcohol level is above the legal limit of 0.08%, prosecutors can pursue a DUI charge.
Law enforcement officers must keep accurate and complete records of traffic stops. If the police reports indicate something useful to the prosecution, they will bring it up in court. Similarly, prosecutors often use crash investigations to support their case. The officer observations, accident scene evidence, or witness statements in these types of documentation may also support your defense.
DUI Defense Strategies in Property Damage DUI Cases
There are many methods your representation may use to defend against a DUI charge. Buda Law’s Tampa DUI defense lawyers use their experience to determine which defense strategies suit your situation best.
Challenging the Traffic Stop
Law enforcement officers must have probable cause to even pull someone over. If they didn’t have a good reason to initiate a traffic stop, the court may dismiss your case.
Disputing Actual Physical Control
Conviction for a DUI requires a person to be in actual control of a vehicle. If the car was out of gas, if you couldn’t access your keys, or if you weren’t seated in the driver’s seat, we can argue that you didn’t have actual physical control.
Questioning Chemical Test Accuracy
Chemical tests are often used to prove that a person’s blood alcohol level was high enough to impair his or her normal faculties. However, the results may be unreliable if the police administered the test incorrectly or didn’t handle the results appropriately.
Challenging Property Damage Evidence
The other party may attempt to blame you for pre-existing property damage. In such cases, our team will push for proof that you actually caused the damage in question.
The Importance of Hiring a Skilled DUI Lawyer When Facing DUI With Property Damage in Florida
Early legal representation is the best way to defend yourself against a criminal conviction. A Tampa criminal defense attorney will use their experience in court litigation and familiarity with Florida DUI laws to determine every possible defense strategy. By contacting an attorney early, you give them as much time as possible to build an effective case.
Why Client Trust Buda Law When it Comes to Fighting DUI Charges
Buda Law has handled many DUI cases in Tampa, FL and the surrounding areas. Andrew Buda also brings his experience as a former prosecutor to each case. This perspective allows him to more easily anticipate the many turns any case can take.
Our misdemeanor and felony attorneys in Tampa, FL use every tool at their disposal to offer the best defense possible. We challenge evidence and any weaknesses in the prosecution’s arguments. We also negotiate on your behalf, pursuing reduced or dismissed charges whenever possible.
Contact Our Tampa DUI Defense Attorneys at Buda Law Today
Professional legal assistance is available near you. Don’t wait to contact Buda Law when you’re facing DUI-related charges. Whatever the circumstances of your case, our team will work hard on your behalf to protect your rights and freedom. Our Tampa criminal defense attorneys are prepared to defend against accusations of DUI with property damage, DUI with personal injury, and even DUI manslaughter.
By contacting us as soon as possible, you give us the chance to plan the best defense we can for your case. When you need criminal defense in Hillsborough County, Pinellas County, and beyond, turn to Buda Law. Schedule your free consultation today by calling us at (813) 322-2832 or contacting us online.
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WHAT MAKES OUR DEFENSE SO EFFECTIVE?
- Former State Prosecutor
- Highly Responsive & Accessible
- Result-Oriented Advocacy
- We Prepare Every Case as if it's Going to Trial
- Personal Representation Centered Around You
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