Why a Florida DUI Defense Attorney Can Mean the Difference Between a Misdemeanor, a Felony, or a Dismissal

If you were arrested for DUI in Florida and there was property damage, one of the first questions you are probably asking is whether this charge is a felony and how serious the consequences really are. Many people assume that any DUI involving a crash automatically becomes a felony. That is not always true, but it can become far more serious very quickly, depending on the facts and how the state charges the case.

I handle DUI with property damage cases throughout Florida, and I can tell you this with certainty: these cases are often overcharged, rushed, and built on assumptions rather than solid proof. When property damage is involved, officers and prosecutors tend to treat the situation as more dangerous, even when the damage is minor, no one was hurt, and the fault is not clear.

This is exactly why you need a private attorney early. A Florida DUI Defense Attorney does far more than stand next to you in court. I investigate the crash, challenge the DUI allegations, question whether the state can prove impairment, and fight to keep a misdemeanor from being improperly elevated into a felony.

Below, I will explain how Florida law treats DUI with property damage, when it is and is not a felony, what penalties you may be facing, and how I defend these cases to pursue reduced charges, reduced penalties, or dismissal.

The Short Answer: Is DUI With Property Damage a Felony in Florida?

In most cases, DUI with property damage is not automatically a felony. It is typically charged as a first-degree misdemeanor under Florida law. However, that does not mean the case is minor, and it does not mean felony charges are off the table.

A DUI with property damage can become a felony if additional factors are present, such as:

  • Serious bodily injury
  • Death
  • Prior DUI convictions that enhance the charge
  • Additional felony allegations connected to the crash

This distinction matters, and it is one of the first things I analyze when I take on a case. A private attorney matters because the state often pushes the most serious version of the charge that it believes it can justify, even when the facts do not support it.

The Main Florida Statute Governing DUI With Property Damage

Most DUI with property damage cases fall under Florida Statute § 316.193.

What Florida Statute § 316.193 Covers, Summarized

This statute defines DUI and sets out penalties based on:

  • Whether a person was driving or in actual physical control of a vehicle
  • Whether the person was impaired or had a BAC of 0.08 or higher
  • Whether there was property damage, injury, or death
  • Whether there are prior DUI convictions

For property damage cases, the statute allows the state to pursue enhanced penalties when the DUI results in damage to another person’s property.

A Florida DUI Defense Attorney matters here because the state must still prove two separate things:

  • That you were impaired or over the legal limit
  • That your alleged impairment caused the property damage

Those are not the same issue, and prosecutors often blur the line.

What Counts as Property Damage in a Florida DUI Case?

Property damage in DUI cases can include many scenarios, including:

  • Damage to another vehicle
  • Damage to a fence, sign, or mailbox
  • Damage to a building or structure
  • Damage to government property
  • Damage to parked vehicles

Importantly, the damage does not have to be major. Even minor damage can lead to a DUI with property damage charge.

A private attorney matters because I look closely at:

  • Whether damage actually occurred
  • Whether the damage predated the incident
  • Whether the alleged damage was caused by another driver
  • Whether the damage is being exaggerated to justify a harsher charge

Why DUI With Property Damage Is Treated More Seriously Than a Standard DUI

When property damage is involved, prosecutors often assume:

  • The driver must have been impaired.
  • The crash proves unsafe driving.
  • The defendant should face harsher punishment.

That assumption is not proof. Crashes happen for many reasons that have nothing to do with alcohol or drugs, including:

  • Weather conditions
  • Poor road design
  • Mechanical failures
  • Another driver’s negligence
  • Sudden obstacles

A Florida DUI Defense Attorney matters because I separate the crash investigation from the DUI investigation. Just because there was a crash does not mean the state can prove impairment beyond a reasonable doubt.

Is DUI With Property Damage a Misdemeanor or Felony?

Typical Charge, First-Degree Misdemeanor

In most cases, DUI with property damage is charged as a first-degree misdemeanor.

A first-degree misdemeanor can still carry serious penalties, including:

  • Jail time
  • Probation
  • Significant fines
  • Driver’s license consequences
  • A permanent criminal record

This is why you should never treat a misdemeanor DUI with property damage as “not a big deal.”

When DUI With Property Damage Can Become a Felony

The charge can escalate to a felony when additional factors exist, such as:

  • Serious bodily injury, which may lead to a felony DUI with serious bodily injury
  • Death, which can lead to DUI manslaughter charges.
  • Repeat DUI offenses, depending on timing and prior convictions.

A private attorney matters because escalation is not automatic. It depends on what the state can prove, and many cases are overcharged early before all facts are known.

Penalties for DUI With Property Damage in Florida

Even as a misdemeanor, the penalties can be severe.

Potential penalties include:

  • Jail time
  • Probation
  • Fines that increase due to property damage
  • Court costs and fees
  • DUI school
  • Substance abuse evaluation and treatment
  • Community service
  • Vehicle impoundment
  • Driver’s license suspension or revocation

A Florida DUI Defense Attorney matters because sentencing is not just about what the statute allows. It is about what can be avoided, reduced, or negotiated based on the strength of the evidence.

Jail Time Exposure in DUI With Property Damage Cases

Jail is possible in DUI with property damage cases, especially when:

  • The court believes the damage was significant.
  • There are prior DUI convictions.
  • The alleged BAC is high.
  • The judge believes deterrence is necessary.

That said, jail is not inevitable. I have handled many cases where jail was avoided through strong defense work and negotiation.

A private attorney matters because early strategy often determines whether jail becomes a real risk or a remote possibility.

Driver’s License Consequences After a DUI With Property Damage

There are usually two separate license threats:

  • Administrative suspension through the DHSMV after arrest
  • Court-ordered suspension or revocation upon conviction

These processes are independent, and losing track of one can severely limit your options.

A Florida DUI Defense Attorney matters because I address both sides of the license issue, not just the criminal case.

How Fault and Causation Matter in DUI With Property Damage Cases

One of the biggest mistakes people make is assuming fault does not matter in DUI cases. It does.

Even if you were impaired, the state must still show that your impairment caused the property damage. If another driver caused the crash, or if an external factor played a role, that matters.

I examine:

  • Crash reports
  • Diagrams and measurements
  • Vehicle damage patterns
  • Witness statements
  • Surveillance footage
  • Body camera and dash camera video

A private attorney matters because crash reconstruction and causation issues can weaken the state’s case significantly.

Common Defenses to DUI With Property Damage in Florida

Every case is unique, but common defenses include:

Challenging the Traffic Stop

An officer must have a lawful reason to stop your vehicle. If the stop was illegal, the case may be suppressed.

Challenging the DUI Investigation

Field sobriety exercises and officer observations are often subjective and unreliable, especially after a stressful crash.

Challenging Breath or Blood Testing

Breath and blood testing can be challenged due to:

  • Improper procedures
  • Machine maintenance issues
  • Operator error
  • Medical conditions
  • Timing issues

Challenging Causation of Property Damage

If the property damage was not caused by your alleged impairment, the enhanced charge may not be supported.

A Florida DUI Defense Attorney matters because these defenses require investigation, evidence requests, and motion practice.

A Real Case Example: How I Won a DUI With Property Damage Case

I represented a client who was arrested for DUI after a minor crash involving damage to another vehicle. The police report painted a picture of obvious impairment and careless driving.

When I reviewed the evidence, several key facts stood out:

  • The crash occurred during heavy rain and poor visibility.
  • The alleged damage was minimal and consistent with a low-speed impact.
  • Dash camera footage contradicted the officer’s description of the driving behavior.
  • Field sobriety instructions were unclear and rushed.
  • The client had a medical condition affecting balance.

I challenged the stop, the DUI investigation, and the assumption that impairment caused the damage. Once the weaknesses were exposed, the state backed away from its original position.

Result, the case was resolved far more favorably than the client feared, avoiding the harsh penalties that were initially threatened.

This is why private defense matters. Reports are not facts, evidence is.

Why You Need a Private Attorney for DUI With Property Damage

Property damage changes the tone of a DUI case. Prosecutors and judges often assume the worst.

A Florida DUI Defense Attorney helps by:

  • Investigating the crash independently
  • Challenging DUI evidence aggressively
  • Preventing improper felony escalation
  • Fighting for reduced charges
  • Minimizing license consequences
  • Protecting your record and future

If you are facing DUI with property damage, you need someone who will challenge every assumption the state makes.

FAQs About DUI With Property Damage

Is DUI with property damage always a felony in Florida?
No. In most cases, DUI with property damage is charged as a first-degree misdemeanor, not a felony. However, the penalties are still serious, and the charge can escalate if there are injuries, death, or qualifying prior convictions. A Florida DUI Defense Attorney reviews the facts carefully to prevent improper felony charges and to fight for a reduction or dismissal when possible.

Can I go to jail for DUI with property damage in Florida?
Yes, jail is possible, even for a misdemeanor DUI with property damage. The likelihood depends on factors such as prior record, the extent of the damage, and how the court views the case. Jail is not automatic, and many cases can be resolved without incarceration. A private attorney makes a significant difference by challenging the evidence and negotiating from strength.

Does the state have to prove I caused the property damage?
Yes. The state must show that your alleged impairment caused the property damage. If another driver caused the crash, or if road conditions or mechanical issues played a role, that matters. A Florida DUI Defense Attorney focuses on causation because it can weaken or eliminate the property damage enhancement.

What if the property damage was minor?
Even minor damage can lead to a DUI with property damage charge. However, the extent of the damage can influence how the case is prosecuted and sentenced. Minor damage cases are often more defensible, especially when the state exaggerates the seriousness of the incident. A private attorney can use this to pursue a reduction or dismissal.

Will DUI with property damage affect my driver’s license?
Yes. A DUI arrest can trigger an administrative suspension, and a conviction can result in additional court-ordered license consequences. These processes are separate and both must be addressed. A Florida DUI Defense Attorney handles the criminal case and the license issues together to protect your ability to drive.

Can DUI with property damage be reduced to reckless driving in Florida?
In some cases, yes. Whether a reduction is possible depends on the strength of the evidence, prior history, and the specific facts. Prosecutors are less willing to reduce cases involving crashes, but strong defenses can change that. A private attorney looks for weaknesses in the stop, investigation, and causation to pursue a reduction when appropriate.

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 35 office locations throughout the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, the Florida Panhandle, and every county in Florida.