Protecting Your Future After an Underage DUI with Property Damage Charge

As a Florida Underage DUI with Accident with Property Damage Defense Lawyer, I know how quickly one mistake can turn into life-changing criminal charges. Florida has some of the strictest laws in the nation when it comes to underage drinking and driving, and when an accident causes property damage, the penalties multiply. Parents, students, and young drivers often feel overwhelmed, thinking there is no way forward. My role is to step in, explain your rights, and fight to protect your future from being defined by this arrest.

Understanding Florida’s Underage DUI Laws

Florida’s zero-tolerance policy makes it illegal for anyone under 21 to operate a motor vehicle with a blood-alcohol level of just 0.02 percent or higher. That is the equivalent of one drink for many teenagers. The governing law is Florida Statute § 322.2616, which states:

"It is unlawful for a person under the age of 21 who has a blood-alcohol level or breath-alcohol level of 0.02 or higher to drive or be in actual physical control of a motor vehicle."

Unlike drivers over 21, who face a limit of 0.08, underage drivers can be charged even with the smallest measurable amount of alcohol. This means prosecutors do not have to prove you were impaired in the traditional sense—just that you had alcohol in your system while behind the wheel.

Adding Property Damage to the Case

The situation becomes far more serious when the DUI involves an accident, causing damage. Florida Statute § 316.193(3)(c)(1) addresses DUI with property damage:

"Any person who, by reason of driving under the influence, causes damage to the property or person of another commits a misdemeanor of the first degree."

This means if the accident scratched another car, damaged a fence, mailbox, or even landscaping, you could be facing first-degree misdemeanor charges in addition to the underage DUI penalties. First-degree misdemeanors in Florida carry penalties of up to one year in jail, 12 months of probation, and a $1,000 fine.

Real Case Example from My Practice

I once represented a 19-year-old student who left a graduation party and sideswiped a parked car on his way home. His breath test result was 0.04. The other vehicle sustained about $1,800 in damage. Prosecutors charged him under § 322.2616 for underage DUI and under § 316.193(3)(c)(1) for DUI with property damage.

The young man was terrified of losing his driver’s license, his scholarship, and facing a permanent criminal record. After a thorough review, I discovered that the initial traffic stop was based on a vague suspicion that did not meet legal standards. I filed a motion to suppress, and the judge ruled the stop unlawful. The DUI evidence was thrown out, and the property damage was resolved through restitution rather than a criminal conviction. This case shows how important it is to have an attorney who knows how to dissect every step of the state’s case.

Penalties for Underage DUI with Accident and Property Damage

The penalties depend on the combination of charges. For an underage DUI with accident and property damage, the potential consequences include:

  • Driver’s license suspension (6 months to 1 year for first offense under § 322.2616, longer if refusing a breath test).
  • Court-ordered fines and restitution for property damage.
  • Probation, community service, alcohol education programs, and mandatory DUI school.
  • Increased insurance rates or loss of coverage.
  • Permanent criminal record affecting college admissions, employment, and housing.

Because property damage makes the case a criminal misdemeanor under § 316.193, the stakes are far higher than just a license suspension. This is why private defense counsel is so critical.

Defenses Available in These Cases

As a Florida Underage DUI with Accident with Property Damage Defense Lawyer, I have seen firsthand that these cases are never as simple as the arrest report makes them appear. Several defenses may apply, including:

Illegal Stop or Search

Police must have a lawful reason to pull over a driver. If the stop was based on a hunch or the officer lacked probable cause, the evidence may be suppressed.

Questionable Breath Test Results

Breathalyzers are not perfect. Machine calibration errors, improper administration, or medical conditions can produce false positives. For underage drivers, where the legal limit is just 0.02, even minor errors can change the entire outcome.

No Proof of Actual Physical Control

The state must prove the underage driver was in “actual physical control” of the vehicle. If the car was parked, off, or there is no evidence of driving, the charge may not stand.

Lack of Causation for Property Damage

Prosecutors must show the DUI caused the accident. If the damage would have occurred regardless, or if another driver was at fault, the property damage enhancement may not apply.

Diversion Programs and Negotiated Resolutions

In some cases, a private attorney can secure a diversion program, deferred adjudication, or reduced charges, especially if the accused has no prior record.

Why You Need a Private Attorney

Public defenders work hard but are often overloaded. In cases involving both underage DUI and property damage, you need a defense lawyer who has the time and resources to build a tailored defense. A private attorney can:

  • Investigate whether the police followed the law at every stage.
  • Challenge breath test evidence.
  • Negotiate directly with prosecutors to reduce or dismiss charges.
  • Protect your future educational and employment opportunities.
  • Argue for alternative sentencing such as diversion or civil restitution instead of jail.

Related Florida Statutes That Apply

  • § 322.2616 – Underage DUI (0.02 or higher).
  • § 316.193(1) – General DUI statute (impairment or BAC of 0.08 or higher).
  • § 316.193(3)(c)(1) – DUI with property damage.
  • § 775.082 – Penalties for misdemeanors and felonies in Florida.
  • § 775.083 – Fines and restitution.

These statutes combine to make underage DUI with accident and property damage one of the most serious misdemeanor charges a young person can face in Florida.

Florida Underage DUI with Accident with Property Damage Defense FAQs

What happens if I refuse a breath test in an underage DUI with property damage case?

Refusing a breath test can lead to an automatic one-year license suspension under Florida’s implied consent law, even if you are never convicted of DUI. Prosecutors may still attempt to prove impairment through other evidence such as officer observations or witness testimony. A private attorney can challenge whether you were properly advised of your rights and whether the refusal was voluntary.

Can an underage DUI with property damage be expunged from my record?

Florida law is strict when it comes to DUI convictions. If you are adjudicated guilty, the record cannot be sealed or expunged. However, if your attorney secures a reduced charge such as reckless driving, or gets the case dismissed, you may be eligible for sealing or expungement. This is one of the key reasons to fight aggressively for a reduction rather than accepting a DUI conviction.

Will my insurance drop me after an underage DUI with accident and property damage?

Most insurance companies will either drop coverage or raise premiums significantly following a DUI conviction, especially when property damage is involved. However, if your attorney can resolve the case without a DUI conviction, you may avoid those consequences. Some clients have kept their policies intact by achieving a plea to lesser charges.

What if the property damage was minor?

Even minor property damage—like a broken mailbox or a dented bumper—can elevate the DUI charge to a first-degree misdemeanor. The law does not make exceptions for the dollar amount of damage. That is why it is essential to have a defense lawyer negotiate restitution and argue for dismissal of the criminal enhancement.

Can my parents hire you even if I am over 18?

Yes, parents often retain me on behalf of their 18- to 20-year-old children. While the defendant must be involved in decisions about the case, having family support and a retained attorney often makes a major difference in outcomes.

What defenses work best for underage DUI with accident and property damage?

Defenses vary depending on the facts, but the strongest typically involve unlawful traffic stops, lack of probable cause for the arrest, unreliable breath test results, and lack of proof that the DUI caused the property damage. Each defense can be used to suppress evidence, negotiate reductions, or win acquittal at trial.

Is jail time likely for a first-time underage DUI with accident and property damage?

Jail is possible because the property damage charge is a first-degree misdemeanor, but judges often consider alternatives for first-time offenders, especially when represented by private counsel. These alternatives can include probation, restitution, community service, or diversion.

Do I need an attorney if I just want to plead guilty?

Even if you think pleading guilty is the simplest path, you should consult a defense lawyer first. A guilty plea locks in consequences that could follow you for life. An attorney can evaluate whether the state can actually prove its case, whether diversion is available, and whether restitution can resolve the property damage without a DUI conviction.

Call Our Florida Underage DUI with Accident with Property Damage Defense Lawyer 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.