DUI with Property Damage Lawyers in Florida
What is DUI with Property Damage in the State of Florida?
A charge of "DUI with Property Damage" in the State of Florida means that a driver was driving while under the influence of drugs or alcohol (over the legal limit), caused an accident leading to property damage of another's property or injury. Even if the other person's property is an unoccupied motor vehicle, a pole, a mailbox, or any other type of property, this is an enhanced DUI offense. To prove that Defendant committed the crime of DUI with Property Damage, State prosecutors must prove that the Defendant:
was driving or was in actual physical control of a motor vehicle; and
- he or she was driving or was in actual physical control of the motor vehicle while under the influence of drugs or alcohol to the point that their normal faculties were impaired; and also
- as a result of driving the motor vehicle, Defendant caused or contributed to another person's property damage.
In other words, the State must prove that Defendant caused damage to a car, home, mailbox, light pole, fence, or any other property because Defendant was driving under the influence. If the State proves all three elements, the Defendant will most likely be found guilty of committing DUI with Property Damage. Be sure to read our ebook "How to Beat Florida Charge in Florida."
Regardless of whether or not the accident caused injury or death, the State prosecutors will fully prosecute any DUI case that involves an accident causing property damage. Florida law also imposes enhanced punishments for DUI charges with property damage and DUI charges without serious bodily injury.
Under Florida Statute Section 316.193(3)(c)1, any DUI with property damage is a first-degree misdemeanor that is punished with up to (12) twelve months in prison and a fine of up to $1,000.
Florida prosecutors aggressively pursue these DUI criminal cases in Florida. Unfortunately, should your DUI criminal case involves any type of accident with property damage to another, the Defendant is not eligible for any new diversion program such as RIDR. This is true even if you have a clean criminal record.
The goal of our DUI Defense Law Firm is to help our clients avoid a DUI conviction. We fight and negotiate on behalf of clients to have the prosecutor drop the criminal charges, have the court dismiss the criminal charges, or get the criminal charges reduced to a less serious traffic offense such as reckless driving.
Lawyers for DUI with Property Damage in Florida
When you or a loved one have been arrested and charged with "DUI with Property Damage" according to Florida Statute Section 316.193(3)(c)1, in Florida, you must contact one of our experienced DUI attorneys to discuss your legal options and to decide if you want to fight this very serious criminal offense.
Defenses to a DUI Property Damage Criminal Charge in Florida
There are many different legal defenses to the charge of "DUI with Property Damage" in the State of Florida. For example, how can a law enforcement officer determine if Defendant's "impairment" was from drug or alcohol consumption or a head injury sustained in an accident? How could the officer know? Is the law enforcement officer medically qualified to make that determination?
A few other possible defenses to a criminal charge of DUI with Property Damage, according to Florida Statute Section 316.193(3)(c)1 may include:
The "Intervening Cause" Defense – If the facts and circumstances of the accident are favorable, our attorneys might argue that Defendant's actions did not cause the property damage or did not contribute to the property damage. This defense may also assert that an unexpected cause actually contributed to the property damage.
The "Accident Report Privilege" Defense - If a person makes statements during the course of an accident investigation and this is entered into the accident report, this is not admissible evidence.
The "Wheel Witness" Defense – If the Defendant exited the motor vehicle after the crash, but prior to the police arriving at the accident scene, and there are other passengers and no witnesses, the prosecution could have a difficult time proving who was actually driving the motor vehicle and caused the accident, especially when the driver does not admit he or she was driving the vehicle.
If you or a friend or loved one has been arrested in Florida for any driving under the influence criminal offense, contact our experienced attorneys to review the ways to defend against these serious criminal charges. A conviction on your criminal record will be devastating to your reputation.
Musca Law fights DUI charges involving field sobriety tests, field sobriety test refusals, breath tests, urine tests, blood tests, or chemical test refusals. Our DUI Defense Lawyers can help you regardless if this is your first DUI charge or another DUI charge.
Our DUI Defense Lawyers are highly experienced with the operating procedures law enforcement officers with the Florida Highway Patrol, local police, or County Sheriff's Office use in DUI accident cases. Musca Law has dozens of offices conveniently located throughout the State of Florida, including the Panhandle of Florida.
Call (888) 484-5057 for your Free Case Evaluation!
Our lawyers are well-versed in attacking the various evidences that may be revealed in a DUI case. Whether it's debating the accuracy of a blood sample or discrediting the presence of mental impairment, our Florida DUI attorneys can fight for the best outcome on your behalf.