Police were contacted after an individual involved with a crash allegedly fled the scene. Police located the Defendant in a nearby parking lot and observed that the Defendant had slurred speech, glassy eyes, and smelled of alcohol. The Defendant failed Sobriety Testing and submitted to a breath test. The Defendant blew .233% and .235%, which are over 3 times the legal limit of .08%.
DUI With Personal Injury
A DUI with personal injury happens when a person is driving under the influence (DUI) and causes any type of serious bodily injury to another individual. Serious bodily injury is defined as an injury where there is a substantial risk of death, a substantial risk of personal disfigurement, or there is a substantial risk of impairment or protracted loss of any organ or bodily member.
Penalties for DUI with a personal injury include up to five years in prison, five years of probation, and a fine of $5,000. Your criminal record will show a felony in the third degree.
DUI With Property Damage
A DUI with property damage, under Florida law, will be considered a first-degree misdemeanor. This crime is punishable by up to one year in jail and a fine of $1,000. There may also be a twelve month probation period. An offender will also have their driver’s license revoked for at least six months.
Leaving The Scene of a Crash
Leaving the scene of a crash has various penalties based on if there was property or personal damage. If a person leaves the scene of an accident where there was personal injury caused, the person will face up to five years of jail time, five years of probation, and/or a fine of $5,000.
If a person leaves the scene of a crash where there was property damage, the person can spend up to sixty days in jail, receive six months of probation, and/or incur a fine of $500.
Musca Law Firm
If you have been charged with any sort of DUI charge, such as DUI with Personal Injury or Property Damage, it is in your best interest to hire a lawyer that you can depend on. Our firm can do just that. We will put forth the best possible defense and negotiate with the prosecution. Our number one priority is you and your rights. Call us today at (888) 484-5057 for a free initial consultation with one of our many experienced criminal defense attorneys. We serve all of Florida with multiple offices in various cities across the state for your ease and convenience.
RESULT: The Defendant faced serious charges of DUI, including the following: DUI with Personal Injury, DUI with Property Damage, Leaving the Scene of a Crash, Failure to Change Address within 30 Days, and Failure to Use Due Care with regard to a Crash. The Musca Law Defense Attorney obtained a copy of the arrest video and took depositions to prepare for Court. The Defense convinced the State to DISMISS the charges of Leaving the Scene of a Crash, Failure to Change Address, and Failure to Use Due Care. The Defense negotiated only the bare minimum penalties for the DUI offense.