As a Florida Drunk Driving Defense Lawyer, I Help Drivers Accused of DUI With Property Damage Fight for Dismissal or Reduced Charges
When someone is charged with driving under the influence and the case involves property damage, the consequences can be far more severe than a standard DUI. Florida law increases penalties when a crash results in damage to another person’s property, and prosecutors often push for jail time, fines, probation, and license suspensions. I’ve handled many of these cases over the years, and I can tell you firsthand—what happens next depends heavily on the legal defense you build.
I handle DUI cases throughout the state, and I know what’s at stake. If you’ve been arrested for DUI involving a crash or property damage, you need someone who can scrutinize every detail, from the traffic stop to the accident scene report to the breathalyzer procedure. The right defense can protect your license, your record, and your future.
FLORIDA’S DUI PROPERTY DAMAGE LAW – §316.193(3)(c)1.
The law that covers DUI involving property damage is found under Florida Statutes Section 316.193. Here is the relevant part of the statute:
“(3) Any person:
(c) In addition to any other penalty provided by law, if the person:
While driving or in actual physical control of a vehicle, and under the influence of alcoholic beverages or any controlled substance to the extent his or her normal faculties are impaired, or with a BAC of 0.08 or higher, causes or contributes to causing damage to the property or person of another, commits a misdemeanor of the first degree…”
This means that if you are accused of being impaired and cause any damage to someone else's property—whether it’s a parked car, mailbox, fence, or storefront—you can face a first-degree misdemeanor charge, which carries stronger penalties than a standard DUI without any damage.
WHAT ARE THE PENALTIES FOR DUI WITH PROPERTY DAMAGE IN FLORIDA?
A standard first-time DUI carries penalties like a fine, driver’s license suspension, and possible jail. But once property damage is involved, the potential consequences go up:
-
First-degree misdemeanor
-
Up to 1 year in jail
-
Up to 1 year of probation
-
$1,000 maximum fine
-
Community service hours
-
Restitution for the damaged property
-
Mandatory DUI school
-
Possible vehicle impoundment
-
Mandatory license suspension
That’s for a first offense. If you already have a prior DUI or the crash involved serious damage or injury, the stakes are even higher.
WHY YOU NEED A PRIVATE FLORIDA DRUNK DRIVING DEFENSE LAWYER
These cases often hinge on what can or can’t be proven. Police may assume impairment because there was a crash. But a crash doesn’t automatically mean you were under the influence. I’ve defended people in situations where the property damage was caused by road conditions, another driver’s negligence, or simply bad luck—and we’ve successfully argued that the DUI charge should be dropped or reduced.
A private defense lawyer gives you the time, focus, and strategy these cases demand. Public defenders are often overwhelmed. They may not have the resources to challenge the field sobriety tests, breath test maintenance logs, or accident reconstruction. I do.
LEGAL DEFENSES TO DUI WITH PROPERTY DAMAGE IN FLORIDA
Every case is different, but here are defenses I commonly use in these cases:
1. No Probable Cause for the Stop
If the officer did not have a legal reason to stop you, we can challenge the arrest from the start. Without a lawful stop, everything that follows—including the breath test—may be thrown out.
2. Field Sobriety Test Errors
These tests are not scientific. I’ve handled cases where the officer misjudged balance due to uneven pavement or failed to consider the driver’s medical condition.
3. Inaccurate Breath or Blood Tests
We obtain the breath machine maintenance records, technician credentials, and calibration logs. If there’s any issue with how your test was performed or recorded, we can argue the results should not be used against you.
4. Actual Cause of the Accident
Just because there was a crash does not mean you were at fault. I’ve brought in accident reconstructionists to prove another driver swerved, braked suddenly, or failed to yield, which caused the accident—not my client.
5. No Impairment at Time of Crash
Even with a BAC of 0.08 or above, prosecutors must still show the alcohol or drugs affected your ability to drive. We can present evidence to challenge that connection.
6. Lack of Damage Documentation
Not every incident results in provable “property damage.” Sometimes, officers note “damage” in a report without photos or repair estimates. We require solid proof that real, measurable damage occurred.
REAL CASE EXAMPLE – DUI CRASH, DAMAGE DISPUTED, CASE DISMISSED
A recent client of mine was accused of DUI after backing into a light post in a grocery store parking lot. Police were called, and she was arrested after a breath test showed a .09 reading. The light post was leaning slightly, but there was no proof it hadn’t already been hit or leaning beforehand.
I immediately obtained the store’s surveillance footage and requested all maintenance records. We discovered the post had been reported as “unstable” two days before the incident. That meant my client couldn’t have caused the damage.
We also challenged the breath test based on an improperly recorded observation period. As a result, the prosecutor dropped the DUI with property damage charge entirely, and we resolved the case as a civil infraction.
OTHER STATUTES THAT COULD IMPACT YOUR CASE
It’s important to understand that a DUI crash can trigger additional charges. Some related statutes include:
-
Leaving the Scene of an Accident – §316.061
If you drove away, even if you were afraid or didn’t know you had to stop, you could face an added misdemeanor charge. -
Careless or Reckless Driving – §316.1925 and §316.192
Prosecutors sometimes stack a reckless driving charge on top of the DUI when there's a crash. I’ve successfully had reckless charges dropped in many of these cases. -
Restitution under §775.089
Courts can order you to pay for the damage even if the charge is reduced. Having an attorney push for lower restitution amounts, or get restitution waived, can save you thousands of dollars.
WHY EARLY LEGAL HELP MATTERS
The first 10 days after a DUI arrest are critical. You only have 10 days to challenge your driver’s license suspension with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). I handle that process as part of my defense strategy. Waiting too long could mean losing your license automatically.
In cases with property damage, early investigation is even more important. Witnesses disappear, video footage can be deleted, and crash scenes change. The sooner I get involved, the more tools I have to build a solid defense for you.
FLORIDA DRUNK DRIVING DEFENSE FAQs
What’s the difference between a regular DUI and one with property damage?
A regular DUI is already a serious offense, but when there's property damage, Florida law upgrades the offense to a first-degree misdemeanor. That means the judge has the discretion to sentence you to up to a year in jail. It also makes prosecutors less likely to offer lenient plea deals unless there’s a strong legal defense.
Does the court require restitution in DUI with property damage cases?
Yes, the court often orders restitution to the owner of the damaged property. That can include costs for vehicle repair, fences, signs, landscaping, or even structures. If we can prove your actions did not directly cause the damage—or if there’s a dispute over the cost—we can push to limit or eliminate restitution altogether.
Can the property damage charge be dropped?
It can. If we can show that the damage was not caused by the accident, that the property was already in poor condition, or that the damage was minor and exaggerated in the police report, we can often convince the prosecutor to drop or reduce the enhancement.
Will this charge stay on my record?
A DUI with property damage is not eligible for sealing or expungement if you are convicted. That’s why it’s so important to fight the charge or negotiate for a resolution that avoids a DUI conviction altogether. In some cases, I’ve been able to get the charge amended to reckless driving, which opens the door to record sealing later.
How do I know if I should fight the charge or take a plea?
That depends entirely on the evidence. I’ll review the crash report, the body cam footage, the breath test records, and any statements you made. I’ll also check whether your rights were violated during the arrest. Based on that, I’ll give you a clear assessment of the strengths and risks in your case.
Can I go to jail for DUI with property damage in Florida?
Yes, you can. It’s a first-degree misdemeanor, which means the judge has the option to sentence you to up to 12 months in jail. Whether that happens depends on your prior record, the facts of the case, and the quality of your defense. I fight to keep my clients out of jail.
What if I caused damage but wasn’t drunk?
That’s something we can argue. Property damage alone doesn’t prove impairment. If the crash happened due to weather, poor lighting, mechanical issues, or another driver’s mistake, that weakens the state’s case against you. A solid defense will raise these issues with the court.
Can I still drive after being arrested?
You only have 10 days from your arrest to request a formal review hearing to challenge your administrative license suspension. I handle that for my clients and often request a hardship license so you can keep driving for work, school, or essential needs while the case is pending.
Do I need a private attorney or can I use the public defender?
Public defenders are good people doing difficult jobs, but they carry huge caseloads and don’t always have the time or resources to investigate crash scenes, challenge breath tests, or negotiate with insurance companies. When property damage is involved, you need someone who can give your case the attention it deserves.
CALL A FLORIDA DRUNK DRIVING DEFENSE LAWYER FOR HELP NOW
If you were arrested for DUI involving property damage, you’re not just facing a traffic ticket—you’re facing the possibility of jail, a criminal record, restitution, and license suspension. The decisions you make right now will shape the outcome of your case. Don’t face the system alone.
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 all of 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, and the Florida Panhandle.