Florida DUI with Hit-and-Run Criminal Charges: Understanding the Laws, Penalties, & Legal Defenses

Driving under the influence (DUI) is a serious offense in Florida, and when combined with hit-and-run charges, the consequences can be even more severe. In this article, we will explore the relevant Florida statutes, definitions, the criminal case process, penalties, elements the prosecution needs to prove beyond a reasonable doubt to secure a conviction, negative consequences of a conviction, and top 10 potential defenses.

Florida Statutes and Definitions:

In Florida, the statutes related to DUI and hit-and-run offenses can be found under Section 316.193 and Section 316.027, respectively, of the Florida Statutes. Section 316.193 defines DUI as operating a motor vehicle while under the influence of alcohol or controlled substances to the extent that normal faculties are impaired or having a blood alcohol level of 0.08% or higher.

On the other hand, Section 316.027 defines hit-and-run as leaving the scene of an accident involving property damage, injury, or death without providing the required information to the affected party and law enforcement.

Reasons Why Drivers Commit Hit-and-Run in Florida

Hit-and-run accidents can have serious consequences, and it is important to understand some of the reasons why drivers may choose to flee the scene of an accident in Florida. While these reasons do not justify the actions, they provide insight into the potential motivations behind hit-and-run incidents. Here are some common reasons why drivers commit hit-and-run in Florida:

  1. Fear of the Consequences: One of the primary reasons drivers flee the scene of an accident is the fear of facing the consequences of their actions. This includes potential legal repercussions, such as DUI charges, license suspension, fines, or even jail time. The fear of being held accountable for their actions can drive individuals to make the ill-advised decision to leave the scene.
  2. Lack of Insurance: In some cases, drivers may not have valid insurance coverage, or their insurance might have lapsed. Being involved in an accident without insurance can lead to financial liabilities and legal issues. Rather than facing potential legal and financial consequences, some drivers choose to flee the scene to avoid detection and the responsibility of compensating the other party involved.
  3. Impaired Driving: Another significant factor contributing to hit-and-run incidents is driving under the influence of alcohol or drugs. Intoxicated drivers may panic and attempt to escape the scene to avoid DUI charges or additional penalties. Impaired judgment and impaired decision-making can lead to irrational behavior and poor choices.
  4. Lack of Awareness: In certain cases, drivers may not immediately realize that they have been involved in an accident. They may be distracted or not fully aware of the collision, particularly in situations where they are driving recklessly or at high speeds. Lack of awareness can prevent them from stopping at the scene, especially if they do not perceive the accident as significant.
  5. Outstanding Warrants or Legal Issues: Some drivers who are involved in hit-and-run accidents may already have outstanding warrants or other legal issues. These individuals may fear being identified and arrested, which leads them to leave the scene to evade law enforcement and avoid facing additional charges.
  6. Panic and Shock: The shock and adrenaline rush following an accident can sometimes cause drivers to act irrationally. They may be overwhelmed by the situation and make the impulsive decision to flee out of panic. This can be fueled by fear, stress, or confusion in the immediate aftermath of the collision.
  7. Prior Criminal Record: Drivers with a prior criminal record or a history of driving offenses may be more inclined to flee the scene of an accident. They may be aware that their past record can have an impact on the severity of the consequences they face, leading them to attempt to escape detection.
  8. Lack of Empathy or Responsibility: Unfortunately, some drivers may lack a sense of empathy or responsibility towards others. They may prioritize their self-interests over the well-being of the other party involved in the accident. This callous disregard for the potential harm caused can lead them to flee the scene without providing assistance or information.

It is important to note that regardless of the reasons behind a hit-and-run incident, leaving the scene of an accident is illegal and can result in serious consequences. It is always advisable to remain at the scene, exchange information with the other party involved, and report the accident to the appropriate authorities.

Criminal Case Process in Florida

When an individual is charged with a DUI with hit-and-run offense in Florida, the criminal case process typically involves the following steps:

  1. Arrest: If law enforcement officers have probable cause to believe that a person was driving under the influence and committed a hit-and-run offense, they may arrest the individual at the scene or issue an arrest warrant.
  2. Booking: After the arrest, the individual will be taken to the police station for booking, which involves recording personal information, taking fingerprints, and conducting a background check.
  3. Bail: Depending on the circumstances, the arrested individual may be granted bail, allowing them to be released from custody while awaiting trial.
  4. Arraignment: During the arraignment, the defendant is formally presented with the charges and has the opportunity to enter a plea of guilty, not guilty, or no contest.
  5. Pre-Trial Proceedings: This phase involves gathering evidence, negotiating with the prosecution, and exploring potential defenses.
  6. Trial: If the case proceeds to trial, the prosecution must prove the defendant's guilt beyond a reasonable doubt.
  7. Sentencing: If the defendant is found guilty or pleads guilty, the court will impose appropriate penalties based on the severity of the offense and the defendant's criminal history.

Penalties of a DUI with a Hit-and-Run

The penalties for a Florida DUI with hit-and-run conviction can vary depending on several factors, including the defendant's prior criminal record, the level of property damage or injuries involved, and whether the offense resulted in a fatality. Generally, the penalties can include:

  1. License suspension: A mandatory driver's license suspension for a period of time determined by the court.
  2. Fines: Monetary penalties ranging from hundreds to thousands of dollars.
  3. Probation: Community supervision with specific conditions, such as mandatory alcohol counseling or community service.
  4. Incarceration: Potential jail or prison sentences, especially for cases involving injuries or fatalities.

Elements of Proof Necessary to Get a Conviction

To secure a conviction for a DUI with hit-and-run offense, the prosecution must prove the following elements beyond a reasonable doubt:

  1. The defendant was operating a motor vehicle while under the influence of alcohol or drugs.
  2. The defendant was involved in an accident that caused property damage, injury, or death.
  3. The defendant knew or should have known about the accident and left the scene without providing the required information to the affected party or law enforcement.

Negative Consequences of a Conviction:

A conviction for a Florida DUI with hit-and-run offense can have severe negative consequences for the individual involved. Some of the potential consequences include:

  1. Criminal Record: A conviction will result in a permanent criminal record, which can impact future employment prospects, housing opportunities, and educational pursuits.
  2. Driver's License Suspension: The Florida Department of Highway Safety and Motor Vehicles (DHSMV) will impose a mandatory driver's license suspension. The length of the suspension varies based on the specific circumstances of the case, including prior convictions and the severity of the offense.
  3. Increased Insurance Rates: Insurance companies typically consider DUI convictions as high-risk factors, leading to significantly increased insurance premiums or even denial of coverage. This can have long-term financial implications.
  4. Ignition Interlock Device (IID): In some cases, the court may order the installation of an IID in the offender's vehicle. This device requires the driver to pass a breathalyzer test before the vehicle can be started, adding further inconvenience and expenses.
  5. Probation: If probation is imposed, the individual will be subject to regular check-ins, mandatory alcohol or substance abuse counseling, and random drug testing. Any violation of probation conditions can result in additional penalties.
  6. Incarceration: Depending on the circumstances and the defendant's criminal history, a DUI with hit-and-run conviction may lead to jail or prison time. This can disrupt personal and professional life, strain relationships, and have lasting emotional and psychological effects.
  7. Mandatory DUI School: The court may require the offender to complete a DUI school program, which typically involves educational classes aimed at preventing future DUI offenses. The individual is responsible for the associated costs.
  8. Social Stigma: A DUI with hit-and-run conviction can result in social stigma, damaged reputation, and strained personal relationships. It may take considerable effort to regain trust and rebuild one's life.

Top 10 Potential Defenses for DUI with Hit-and-Run Criminal Charges in Florida

When facing DUI with hit-and-run charges in Florida, it is crucial to consult with an experienced criminal defense attorney who can analyze the specific circumstances of the case and develop a strong defense strategy. While every case is unique, here are ten potential defenses that may be applicable:

  1. Lack of Probable Cause: Challenging the legality of the initial traffic stop or arrest, asserting that law enforcement did not have sufficient probable cause.
  2. Inaccurate Field Sobriety Tests: Questioning the reliability and accuracy of field sobriety tests, highlighting potential issues with the administration or interpretation of the tests.
  3. Faulty Breathalyzer Test: Contesting the accuracy of breathalyzer or blood alcohol concentration (BAC) tests, raising concerns about calibration, maintenance, or operator errors.
  4. Violation of Miranda Rights: Asserting that the defendant's Miranda rights were violated during the arrest or questioning process.
  5. Duress or Necessity: Arguing that the defendant left the scene of the accident due to a reasonable fear for their safety or to seek medical attention for themselves or others involved.
  6. Mistaken Identity: Claiming mistaken identity, if there is evidence to suggest that another person was responsible for the hit-and-run offense.
  7. Lack of Knowledge: Arguing that the defendant was unaware they were involved in an accident or that they had a legal obligation to stop and provide information.
  8. Witness Credibility: Challenging the credibility or reliability of eyewitness testimonies or other evidence presented by the prosecution.
  9. Involuntary Intoxication: Asserting that the defendant consumed alcohol or drugs unknowingly or involuntarily, negating the intent required for the DUI charge.
  10. Procedural Errors: Identifying any procedural errors committed by law enforcement or the prosecution that could lead to the dismissal of the case.

When facing charges as serious as DUI with hit-and-run in Florida, it is essential to seek the assistance of a skilled and dedicated criminal defense attorney. Musca Law, P.A. is a leading criminal defense firm with a proven track record of successfully defending clients in DUI and hit-and-run cases.

A DUI with hit-and-run offense in Florida carries severe legal, financial, and personal consequences. Understanding the relevant statutes, the criminal case process, potential penalties, elements of proof required for a conviction, and the available defenses is crucial when facing such charges.

A conviction can result in a permanent criminal record, license suspension, increased insurance rates, probation, incarceration, and other negative consequences. Therefore, it is essential to seek the assistance of a reputable criminal defense attorney who can provide strong legal representation.

Musca Law, P.A. stands out as a leading criminal defense firm with their 24/7 availability and toll-free telephone number 1-888-484-5057. Their experienced attorneys are dedicated to protecting the rights and interests of their clients, employing strategic defense strategies, and striving for the best possible outcome.

If you or someone you know is facing DUI with hit-and-run charges in Florida, take action today by reaching out to Musca Law, P.A. for a confidential consultation. Remember, timely and proactive legal representation is crucial in safeguarding your future and achieving the best possible resolution for your case.