According to the Florida Department of Transportation, driving under the influence accounts for 25% of motor vehicle deaths in the state. In Florida, a DUI charge involving property damage can escalate to a felony under certain conditions.
While a standard DUI is typically a misdemeanor, adding property damage can lead to more severe consequences.
Today, we’re taking a closer look at DUI with property damage in Florida, the factors that can lead to felony charges, and what individuals should know about their rights and potential defenses.
¿Qué constituye una DUI en Florida?
Florida has strict laws that define what counts as driving under the influence. There are three main factors involved:
- Blood alcohol content (BAC) limits
- Loss of normal faculties
- Prior DUI history or incidents
Límites de alcoholemia
A driver with a BAC of 0.08% or higher is legally impaired in Florida. This limit applies to drivers over 21. For drivers under 21, any reading above 0.02% can result in penalties.
Commercial drivers face a limit of 0.04%. The higher the BAC, the more serious the penalties can become.
Loss of Normal Faculties
Even if a person’s BAC is under the legal limit, they can still be charged with DUI. If law enforcement believes someone has lost normal faculties such as balance, coordination, or clear speech, that alone can support a DUI charge. Officers may use field sobriety tests or video evidence to support this.
Prior DUI History or Incidents
The number of previous DUI offenses plays a major role. A first offense is often treated less severely, but repeated charges lead to more serious consequences. Property damage or injuries during any DUI incident can push the charge beyond a misdemeanor.
DUI with Property Damage in Florida: When It Becomes a Felony
A DUI with property damage in Florida is often a first-degree misdemeanor, but there are specific situations where it becomes a felony.
These situations usually fall into three categories:
- The driver has prior DUI convictions
- Someone was injured in the incident
- The damage caused is extensive or reckless
The Driver Has Prior DUI Convictions
If the person charged has two or more previous DUI convictions, the current offense can be upgraded. Florida law allows repeat offenders to face felony charges, even if the new incident caused only property damage. The courts look at patterns of behavior, and past charges play a big role in the final outcome.
Someone Is Injured in the Incident
If anyone is hurt in the crash, the charge can rise to a felony. This includes passengers, pedestrians, or people in another vehicle. When there is an injury, the law treats the case more seriously, even if the original charge was tied to property damage alone.
The Damage Caused is Extensive or Reckless
Sometimes, the way the damage occurs can raise the charge. If a driver crashes into a building, hits multiple parked cars, or causes power outages, prosecutors may argue that the act was reckless enough to justify a felony. The cost and impact of the damage can influence this decision.
Common Types of Property Damage in DUI Cases
The most common form of property damage in DUI cases involves crashing into another car. This can happen:
- At intersections
- On highways
- In parking lots
Whether the vehicle is moving or parked, any damage caused while driving under the influence becomes part of the legal case. Repair bills and reclamaciones de seguros can raise the seriousness of the charge.
Some DUI crashes involve more than just other cars. Drivers might run into fences, light poles, mailboxes, or even buildings.
When this happens, the cost of repairs can be high. It may involve city property or private homes and businesses. The court may weigh these details when deciding if the damage was reckless or excessive.
Not all damage is from direct impact. Some DUI incidents lead to chain reactions, like knocking out power to nearby homes or damaging landscaping.
These cases can involve more people and raise the cost of the accident. The more people affected, the more attention the case may get from prosecutors.
Importance of DUI Legal Representation in Florida
Facing a Cargo por DUI in Florida is never easy, and things become more serious when property damage is involved. Once the case reaches felony level, the risks are much higher.
A skilled defense attorney can help guide someone through the court process and reduce some of the stress that comes with it.
Legal help is especially important in property damage DUI cases for three key reasons:
- Understanding the legal process and charges
- Protecting rights and building a strong defense
- Reducing penalties or reaching better outcomes
Understanding the Legal Process and Charges
Many people don’t know how Florida’s DUI laws work, or how fast a case can go from a minor charge to a felony. DUI legal representation gives the person charged a better picture of what they are facing and what options are available.
Protecting Rights and Building a Strong Defense
A defense attorney can look at every part of the case, from how the stop was made to how tests were handled. If any rights were violated, that could help in court. Legal guidance helps keep the process fair and can lead to dropped or reduced charges.
Reducing Penalties or Reaching Better Outcomes
Sometimes the goal is not to win at trial but to lessen the penalties. An experienced lawyer may be able to work out a plea deal or push for probation instead of jail. In some cases, charges can even be lowered from felony to misdemeanor.
Understanding Florida DUI Laws
A DUI with property damage in Florida can lead to serious and lasting consequences. From felony charges to financial loss and lost rights, the impact can follow someone for years. Understanding the law, knowing your options, and getting legal help early can make a major difference in how your case ends.
En RHINO Lawyers, we meet you where you are – whether that’s by text, FaceTime, or social media. Our team blends personal, easygoing communication with a sharp, results-driven approach. We speak your language, move fast, and focus on outcomes. From crash to settlement, we keep things simple, modern, and on your terms.
Get in touch today to find out how we can help with your DUI case.
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RHINO Abogados puede ayudar y guiarle a través de un sistema moldeado por las fuerzas del orden, los jueces y los abogados durante décadas. Habiendo ganado casos para nuestros clientes en circunstancias similares, nuestro equipo de defensa penal sabe lo que se necesita para luchar en su nombre.
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