Protecting Your Future When Facing DUI Hit-and-Run Charges in Florida
Being accused of leaving the scene of a crash while also facing DUI allegations is one of the most serious traffic-related charges in Florida. Prosecutors will attempt to prove not only that you drove under the influence but also that you knowingly failed to remain at the scene, which can dramatically increase penalties. As a Florida DUI Hit-and-Run Defense Attorney, I have handled these difficult cases throughout the state and understand exactly how high the stakes are.
Florida Laws on DUI and Leaving the Scene of an Accident
Florida Statute § 316.193 – Driving Under the Influence
The DUI statute states:
“A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:
(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.”
Florida Statute § 316.027 – Leaving the Scene of a Crash Involving Injury or Death
This law makes it a felony to leave the scene of a crash if injuries or death occur:
“The driver of any vehicle involved in a crash occurring on public or private property that results in injury to a person other than serious bodily injury must immediately stop the vehicle at the scene of the crash… A driver who willfully violates this paragraph commits a felony of the third degree.”
If death results, the offense can rise to a first-degree felony, carrying the possibility of decades in prison.
How DUI and Hit-and-Run Charges Combine
When prosecutors allege that alcohol or drugs impaired you and that you also failed to remain at the scene, the charges are combined. The penalties are severe because the state argues that fleeing the scene prevents police from testing your sobriety. This means judges often impose harsher punishments than in cases involving DUI or hit-and-run alone.
Without a strong private defense attorney, you risk:
- Long-term driver’s license revocation
- Mandatory prison time
- Thousands of dollars in fines and restitution
- A permanent felony record that follows you for life
Why You Need a Private Attorney for DUI Hit-and-Run Cases
The state will assign prosecutors and investigators who are experienced in pursuing these charges aggressively. A private defense attorney provides:
- The ability to file motions to suppress illegally obtained evidence
- Negotiation leverage for reduced charges, such as reckless driving instead of DUI
- Knowledge of how Florida juries react to these cases
- Access to accident reconstruction experts and toxicologists who can challenge the state’s version of events
Public defenders are often overwhelmed with caseloads. While they can provide representation, they do not have the time and resources that a private attorney can dedicate to a case of this magnitude.
Real Case Example: Securing a Reduced Charge
One of my clients faced DUI and hit-and-run charges after leaving a minor accident in Orlando. Witnesses reported that he appeared intoxicated, but no officer performed a breath or blood test because he was arrested hours later.
By carefully analyzing the evidence, we demonstrated that:
- There was no proof of actual impairment at the time of driving
- The accident involved only property damage and no injury
- My client left the scene out of fear rather than intent to avoid responsibility
Through negotiations, the prosecutor agreed to reduce the charge to reckless driving with probation. My client avoided prison, kept his professional license, and was able to move forward with his life.
Defenses to DUI Hit-and-Run Charges
Every case is unique, but common defenses include:
- Lack of Knowledge of the Crash - Florida law requires that the driver “knew or should have known” an accident occurred. If the impact was minor, it may be argued that you did not realize a collision took place.
- No Proof of Impairment - If officers cannot present valid blood or breath test results near the time of driving, the state may not be able to prove you were impaired.
- Illegal Stop or Arrest - If law enforcement stopped your vehicle without legal justification, evidence obtained after the stop may be suppressed.
- Medical or Emergency Explanations - In some cases, drivers leave accident scenes due to medical emergencies or fear for personal safety. These facts can be used to argue against a felony conviction.
- Challenging Witness Testimony - Eyewitness accounts are often unreliable, and cross-examination may expose inconsistencies.
How Prosecutors Attempt to Prove Their Case
Prosecutors rely heavily on circumstantial evidence, such as:
- Damaged vehicles linked by paint transfer
- Cell phone records placing you at the scene
- Statements from passengers or pedestrians
- Video surveillance from businesses or traffic cameras
A strong defense challenges every piece of this evidence, demanding strict compliance with evidentiary rules.
The Stakes of a Conviction
A conviction for DUI hit-and-run in Florida can mean:
- Third-degree felony (injury not serious): Up to 5 years in prison and $5,000 in fines
- Second-degree felony (serious bodily injury): Up to 15 years in prison and $10,000 in fines
- First-degree felony (death): Up to 30 years in prison and $10,000 in fines
Additionally, DUI penalties under § 316.193 include mandatory driver’s license revocation and possible mandatory minimum prison sentences.
Why Early Legal Action Matters
The sooner you retain a private attorney, the better your chances of reducing the charges or avoiding trial altogether. Early intervention allows us to:
- Interview witnesses before memories fade
- Secure surveillance footage before it is erased
- Challenge the state’s accident reconstruction reports
- Explore diversion or treatment programs as alternatives to prison
Florida DUI Hit-and-Run Defense Frequently Asked Questions
What is the difference between a hit-and-run and a DUI hit-and-run in Florida?
A standard hit-and-run charge under § 316.027 involves leaving the scene of a crash. When prosecutors add DUI under § 316.193, the penalties multiply because the state argues you were impaired and tried to avoid detection. This is why working with a Florida DUI Hit-and-Run Defense Attorney is critical.
Can I be charged with DUI if no breath or blood test was given?
Yes. Prosecutors may attempt to use officer observations, witness testimony, or video evidence to prove impairment. However, without a valid chemical test, their case is far weaker. A skilled defense attorney can challenge this evidence and argue that there is no scientific proof of intoxication.
What happens if someone was injured in the crash?
If injuries occurred, leaving the scene is a felony, even without DUI allegations. When combined with DUI charges, the penalties may involve years in prison. An attorney can sometimes negotiate a plea that avoids the harshest felony charges by focusing on restitution and rehabilitation.
What if I left the scene because I was scared?
Fear or panic does not excuse leaving the scene, but it can be a powerful mitigating factor. Many people make poor decisions in the heat of the moment. An attorney can use this to seek reduced charges, especially if you later cooperated with authorities.
Can the police use video surveillance against me?
Yes, but surveillance evidence must be authenticated, and chain-of-custody rules must be followed. Defense attorneys often challenge whether the footage clearly identifies the driver or whether the time stamp is accurate.
Will I lose my license automatically?
If convicted of DUI, your license will be revoked under § 316.193. Even without a conviction, the Florida Department of Highway Safety and Motor Vehicles may impose administrative suspensions. Hiring a private attorney early allows us to request a hearing and fight for your driving privileges.
What if the accident only caused property damage?
Leaving the scene of a property-damage-only crash is typically a misdemeanor. However, if DUI is alleged, prosecutors often pursue harsher penalties. A defense attorney can argue for a reckless driving reduction, which avoids a DUI conviction.
How does restitution affect sentencing?
Courts often order defendants to pay restitution to victims for medical expenses or repairs. Making restitution early can sometimes persuade prosecutors and judges to allow probation instead of prison.
Can I seal or expunge a DUI hit-and-run conviction?
No. Under Florida law, DUI convictions and hit-and-run felonies cannot be sealed or expunged. This makes it critical to fight the charge aggressively before any conviction occurs.
Why should I choose a private Florida DUI Hit-and-Run Defense Attorney?
These cases involve complex evidence and high stakes. A private attorney has the time, resources, and trial experience necessary to mount a strong defense. Without dedicated representation, you risk a permanent felony record, long-term prison time, and devastating financial consequences.
Call Our Florida DUI Hit-and-Run Defense Attorney 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 over 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, and the Florida Panhandle.