What to Expect If Your DUI Involves Damage or Injuries and How a Private Defense Attorney Can Protect You
If you've been arrested for DUI in Florida and your case involves damage to property or minor injuries to another person, you're likely wondering how serious the consequences might be. I can tell you from firsthand experience defending clients throughout Florida that these cases are prosecuted aggressively. Even if you didn't intend to hurt anyone, even if no one went to the hospital, a DUI that results in damage or injury can quickly escalate beyond a misdemeanor.
As a criminal defense attorney who handles DUI cases every day, I've represented people from all walks of life who found themselves in situations they never thought they'd be in. If you're facing this type of charge, I want you to know what you're dealing with, what the law says, and what I can do to help.
DUI with Property Damage or Injury: What Florida Law Says
Florida law treats any DUI involving property damage or injury more harshly than a standard DUI. These cases fall under Florida Statutes Section 316.193(3), which enhances the charges when your alleged DUI causes harm.
Here's what the law says:
Florida Statute § 316.193(3):
"Any person who is convicted of a violation of subsection (1) and who causes or contributes to causing:
(a) Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(b) Serious bodily injury to another, as defined in s. 316.1933, commits a felony of the third degree…"
So, if someone alleges that you damaged their car, home, or business, or that you caused even minor injuries, your DUI could be enhanced to a first-degree misdemeanor. That charge carries up to 1 year in jail, 12 months probation, and a $1,000 fine, plus court-ordered restitution, DUI school, and a suspended license.
But if the injuries meet Florida's definition of "serious bodily injury," the charge becomes a third-degree felony, which is far more serious. That means up to 5 years in state prison, 5 years of probation, and a $5,000 fine.
What Qualifies as "Serious Bodily Injury" in a DUI Case?
This is where things get more complicated. The definition is set out under Florida Statute § 316.1933(1)(b):
Statute Text:
"'Serious bodily injury' means an injury to any person, including the driver, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ."
This means even if the person didn't go to the emergency room, if the state claims they suffered long-term impairment or permanent damage, they can attempt to escalate your case to a felony.
And remember, the statute includes injury "to any person, including the driver." That means if you got into a one-car crash and injured yourself, you could still face an enhancement.
This is one reason you should never face these charges without a private criminal defense lawyer. The state often relies on police reports that exaggerate the severity of damage or injury. As your attorney, I challenge those descriptions with medical records, photos, and expert testimony that a public defender may not have the time or resources to gather.
Real Case Example: Property Damage DUI Resolved Without a Conviction
A client came to me after being arrested in Orlando for DUI with property damage. He struck a parked vehicle while pulling out of a lot late at night. There were no injuries, but police said his breath smelled of alcohol and claimed he failed the roadside tests. His breath test later showed a 0.09 BAC, just over the legal limit.
The State Attorney charged him with DUI with property damage under § 316.193(3)(a), a first-degree misdemeanor. The case seemed straightforward at first glance, but we didn't stop there.
I obtained the dash cam footage and found the field sobriety tests were administered improperly and under poor lighting. We also provided evidence from the vehicle owner that the damage was minor and already partially present. Most importantly, I retained a toxicologist who explained that the breath test was unreliable due to my client's medical condition.
After negotiations and presenting our evidence, the prosecutor agreed to dismiss the DUI charge and allowed my client to enter a diversion program on a civil citation for careless driving. He avoided a conviction, didn't lose his license, and the case was sealed. That outcome wouldn't have been possible without private legal representation pushing for every available defense.
Common Defenses to DUI with Damage or Injury
Every case is unique, but here are the defenses that I've used to help clients avoid jail time and felony convictions:
1. You Weren't the Driver
Just because you were near the vehicle or inside it doesn't mean you were driving. If the State can't prove beyond a reasonable doubt that you were operating the vehicle at the time of the incident, the case falls apart.
2. Injury Was Not Serious
We often bring in medical experts to challenge whether the injury meets the legal definition of "serious bodily injury." Many prosecutors overcharge based on assumptions made by law enforcement, not actual medical records.
3. Faulty Sobriety Tests
Officers sometimes conduct roadside sobriety tests incorrectly or in unsafe conditions. If the video evidence doesn't support the report, we move to suppress that evidence and show the test results were unreliable.
4. The Breath or Blood Test Was Flawed
We review the entire chain of custody, calibration records, and how the test was administered. Florida law requires strict compliance with testing protocols. If something wasn't done properly, the results may be inadmissible.
5. Property Damage Was Pre-Existing or Exaggerated
We bring in auto repair experts or insurance records to show that the damage attributed to your case was not actually caused by the incident or was exaggerated to push for criminal restitution.
With a private attorney, you get an advocate who has time to explore these issues, challenge the evidence, and present alternatives. A rushed defense can miss these crucial opportunities.
Other Statutes That May Apply in DUI Injury Cases
Along with § 316.193, prosecutors may charge or threaten to add other related offenses:
Florida Statute § 806.13 – Criminal Mischief
If property damage exceeds $1,000, the charge can be elevated to a third-degree felony.
Florida Statute § 316.027 – Leaving the Scene of a Crash Involving Injury
If the State claims you tried to drive away after the accident, even if you circled the block or parked, this could add another felony charge.
These statutes often come into play alongside DUI and dramatically increase the risk of jail time. A public defender may not have time to respond to every enhancement. As your private defense attorney, I immediately analyze how to keep your charges limited to the lowest possible level or dismissed outright.
Why You Need a Private Attorney for a DUI with Injury or Damage
These cases are more than just legal charges; they affect your job, your driver's license, your family, and your reputation. A felony conviction will follow you forever. Even a misdemeanor DUI with property damage may block you from certain careers or security clearances.
When you hire me as your lawyer, I treat your case as the most important thing I'm working on. I gather records from every angle, police reports, 911 audio, dash cam, medical files, insurance appraisals, and more. I consult with independent experts and negotiate directly with prosecutors who know we're prepared to go to trial if necessary.
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.
Frequently Asked Questions (FAQs)
Is DUI with property damage always a felony in Florida?
No, not always. If the damage is limited to property and no one was seriously injured, the charge is typically a first-degree misdemeanor. However, if serious bodily injury is alleged, the DUI can become a third-degree felony. The facts of the case and theprosecutor'ss interpretation matter greatly. A private attorney can argue that the case should be charged at the misdemeanor level.
Can I lose my license ifI'mm charged with DUI with property damage?
Yes. Even before your court date, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) may suspend your license administratively. If convicted, additional suspension periods apply. A lawyer can request a formal review hearing within 10 days of your arrest to challenge the suspension.What'ss the difference between a misdemeanor and felony DUI involving injuries?
A misdemeanor DUI typically involves no injuries or minor property damage. A felony DUI involving injuries usually includes"“serious bodily injur"” under Florida law. The difference can mean a maximum penalty of 1 year in jail versus 5 years in prison. Proving or disputing the severity of the injury is often a key issue in these cases.
Can I get a DUI reduced to reckless driving if someone was hurt?
Possibly. Even if the case involves property damage or a minor injury, prosecutors may agree to reduce the charge to reckless driving, especially if BAC levels were close to the legal limit or other factors support mitigation. Your lawyer can work toward this goal through early negotiations and presentation of mitigating evidence.
Will I have to pay for the damage caused during a DUI crash?
Ifyou'ree convicted or accept a plea deal, the court can order restitution to cover the cost of repairs or medical bills. However, if the property damage was exaggerated or not entirely your fault, your attorney can challenge the amount or scope of the restitution order.
What if the other driver was partially at fault in the crash?
That matters. If the other party contributed to the crash or was violating traffic laws, it can shift the analysis of liability and even affect how prosecutors approach the case.Florida'ss comparative fault laws apply, even in criminal DUI matters. This is whyit'ss so important to investigate early and thoroughly.
Can DUI charges be dropped if there was no breath or blood test?
Yes, in some cases. While the State can proceed based on officer observations and field sobriety tests, the absence of chemical evidence can weaken their case. An experienced attorney can argue that thereisn'tt enough reliable proof to support a DUI conviction.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.