Cause a DUI Accident in Florida With Serious Injury? The Felony Charges and Enhanced Penalties You Face

Driving under the influence always results in severe penalties, but the consequences escalate quickly when a crash occurs. If you've been involved in a DUI accident in Florida that resulted in property damage or injuries, you're facing harsh punishments and lasting repercussions in your life. 

As a founding member of the National College of DUI Defense and a Florida Bar Board Certified Criminal Trial Law Specialist, DUI defense lawyer Robert David Malove has the knowledge and skill to mount a vigorous defense in these high-stakes cases. With a focus on DUI defense in South Florida, our experienced South Florida DUI defense attorneys will thoroughly assess your case, advise you of your options, and fight for your rights at every stage in your criminal case.

What Penalties Could You Face for DUI with Property Damage in Florida?

You would face misdemeanor charges if you cause a DUI accident in Florida that results in property damage.

DUI with Property Damage: A Serious Misdemeanor Offense in Florida

A DUI causing property damage is a first-degree misdemeanor under Florida Statute § 316.193(1) and (3)(c). To convict you, the prosecutor must prove three key elements beyond a reasonable doubt:

1. You were driving or in physical control of a vehicle. This means you were either actively operating the car or had the immediate capacity to do so, even if parked.
2. You were intoxicated. This can be shown through evidence that you were impaired because of alcohol or drug consumption, or that your blood or breath alcohol level was .08 or higher.
3. You caused damage to someone else's property. The prosecution must show that you damaged property in the accident, such as vehicles, buildings, signs, and fences. They must establish that your impaired driving was directly or indirectly responsible for the damage.

Penalties for a First-Time DUI With Property Damage Offense

If convicted of misdemeanor DUI with property damage, you could face:

• A jail sentence of up to 1 year 
• Probation for up to one year 
• $500 to $1,000 in fines
• A six-month or longer driver's license suspension
• Your vehicle’s impoundment
• Participation in community service
• DUI school and substance abuse evaluation
• Potential substance abuse treatment if ordered by the court

The fines increase to $1,000 to $2,000 if your BAC was .15 or higher or if you had a minor in the vehicle. The court may also require that you install an ignition interlock device for six to twelve months. 

What Charges Could You Face for a DUI Accident Causing Injuries in Florida?

While misdemeanor penalties are serious, the consequences are much more severe if you cause another person’s injuries while you’re intoxicated.

DUI with Serious Bodily Injury: A Felony Offense With Enhanced Punishments

If your DUI accident caused someone to suffer injuries, you could face third-degree felony charges under Florida law. Serious bodily injury is defined in Florida Statutes § 316.1933(1) as an injury that involves:

• Significant risk of death
• Permanent disfigurement
• Long-term loss or impairment of a bodily function or organ

Some examples of injuries that could be considered serious bodily injury include:

• Spinal cord damage causing paralysis
• Traumatic brain injuries affecting cognitive function
• Severe burns 
• Loss of limbs or permanent mobility issues
• Deep facial lacerations that are likely to cause permanent scarring
• Broken bones
• Vision or hearing loss that is permanent

Enhanced DUI With Injury Penalties 

A conviction for felony DUI causing serious bodily injury carries much harsher penalties than misdemeanor DUI with property damage. If convicted, the judge could sentence you to the following: 

• A prison sentence of up to five years 
• A maximum fine of $5,000
• Revocation of your driver's license for at least 3 years
• Mandatory ignition interlock device installation
• DUI school and substance abuse treatment
• Significant community service hours
• Strict probation conditions upon release

What Are the Long-Term Consequences of a Florida DUI Accident Conviction?

Beyond the court-imposed sentences, a conviction carries collateral consequences that can impact your life for years to come. You would have a criminal record, with long-term consequences in your life, such as: 

• Employment difficulties. A DUI on your record, especially a felony, can make it challenging to pass background checks and secure jobs in specific industries. This can limit your career prospects and earning potential.
• Professional license issues. If you hold a professional license, such as in healthcare, law, or education, a DUI conviction may trigger disciplinary action by your licensing board. You could face suspension or revocation of your license.
• Housing obstacles. Many landlords and property managers conduct criminal background checks on prospective tenants. A DUI conviction could make it challenging to find housing in a competitive rental market and restrict your housing options.
• Auto insurance rates. A DUI accident will almost certainly cause your car insurance premiums to skyrocket, as you'll be deemed a high-risk driver. You may be required to obtain costly SR-22 insurance.
• Social stigma. A DUI conviction can affect your reputation and strain your personal relationships with family, friends, and colleagues.
• Immigration consequences. If you’re a non-citizen, a DUI conviction can jeopardize your immigration status. It may make you inadmissible, impact your ability to obtain citizenship, or even lead to deportation proceedings.

Legal Defenses Against DUI Accident Charges in Florida

You may not realize it, but you could have strong defenses to the charges you face, even if you believe you’re guilty. Here are some defense strategies our DUI defense attorneys may use to fight the charges.

• Challenging the legality of the traffic stop. To charge you with DUI, the police first need probable cause to pull you over. If the initial stop was unlawful, any evidence gathered thereafter may not be inadmissible and result in the charges being dismissed.
• Disputing the BAC test results. Breathalyzers and blood test results may not be accurate if not administered properly. Our lawyers may challenge the validity of the BAC results based on improper calibration, contamination, timing of the test, or health conditions that can skew the readings.
• Raising constitutional rights violations. If the police violated your constitutional rights at any point, such as failing to recite your Miranda rights or coercing you to submit to testing, key evidence against you could be suppressed.
• Arguing alternative causes for the accident. To convict you of a DUI causing property damage or injury, the state must prove your intoxication caused the collision. Our attorneys may introduce evidence of faulty vehicle parts, hazardous road conditions, or other motorists’ negligent actions to show the accident was not a direct result of your impairment.

How a South Florida DUI Defense Attorney Can Help You Fight Back

The dedicated legal team at The Law Offices of Robert David Malove understands the stress and high stakes of DUI accident charges in Florida. Here's how we can assist with your case:

• Thoroughly analyze the evidence. We'll meticulously review the state's case against you, including police reports, witness statements, BAC test results, and accident reconstruction data. Our goal is to identify weaknesses and inconsistencies that we can leverage in your defense.
• Explain your options and likely outcomes. We'll have an honest discussion about the strengths and challenges of your case. Our attorneys will break down the potential consequences of a conviction, the probability of an acquittal at trial, and the risks and benefits of accepting a plea bargain. 
• Develop a tailored defense strategy. Based on the unique facts of your case, we'll craft a targeted defense approach. This may involve filing motions to suppress illegally obtained evidence, bringing in expert witnesses to challenge the state's claims, or highlighting mitigating factors to negotiate a reduced charge.
• Protect your rights and keep you informed. Throughout the legal process, we'll be by your side to safeguard your constitutional rights. You can also expect regular updates on your case status, prompt answers to your questions, and sound advice at every juncture.
• Pursue dismissal or reduction of charges. Whenever possible, we'll advocate for your charges to be dropped entirely. If the evidence against you is substantial, we'll aggressively negotiate with prosecutors to reduce charges or secure a favorable plea deal to minimize the repercussions.
• Provide a strong courtroom defense. If your case proceeds to trial, you'll have a battle-tested litigator in your corner. We'll vigorously assert your innocence, present persuasive arguments, and work toward an acquittal.

If you're facing charges for a Florida DUI accident resulting in property damage or injury, don't wait to seek skilled legal representation. The sooner our knowledgeable DUI defense attorneys begin building your defense, the better your chances of securing a favorable outcome.