Arrested for DUI Hit-and-Run Arrest? You Can Fight Back to Avoid the Harsh Penalties You Face

A DUI hit-and-run charge in South Florida is a serious matter that combines two separate offenses: driving under the influence (DUI) and leaving the scene of an accident. If you're facing these allegations, it's critical to understand the potential penalties and your legal options.

At the Law Offices of Robert David Malove, our skilled South Florida DUI defense attorneys have over 30 years of experience protecting the rights of individuals accused of DUI hit-and-run. We understand the high stakes of a criminal conviction for this serious crime. We're here to provide the aggressive representation you need during this stressful time.

What Is DUI and Hit-and-Run Under Florida Law?

It’s essential to understand what the offenses of DUI and hit-and-run are if you’re facing DUI hit-and-run charges in the Sunshine State. In Florida, they are defined as:

• DUI. Under Florida Statute §316.193(1), operating a vehicle while impaired by alcohol or drugs is considered drunk driving. You can be charged with DUI if your blood alcohol content (BAC) is .08% or higher. You can also be charged with DUI if your normal faculties are impaired, regardless of BAC. The charges could be more severe if you cause a collision resulting in property damage, injuries, or death.
• Hit-and-Run. Florida Statute §316.027 requires all drivers to stop at the scene of an accident if the accident causes property damage, injuries to an individual, or someone’s death. Leaving the scene of an accident without stopping to provide your information or render aid to any injured parties is a violation of this law. 

What Are the Elements of a DUI Hit-and-Run Offense in Florida?

To convict you of DUI hit-and-run in South Florida, the prosecution must prove all elements of the crime. They must establish the following elements beyond a reasonable doubt:

• Driving. It must be established that you were driving or in actual physical control of a vehicle
• Intoxication. The prosecutor must prove you were under the influence of alcohol and/or drugs to the extent that your normal faculties were impaired, or your BAC was .08% or higher at the time of the crash.
• Involvement in a collision. A crucial element of this offense is that you were involved in an accident resulting in property damage, injury, or death
• Failure to stop. The Commonwealth must prove that you intentionally left the scene without providing your information or helping anyone who was hurt.

Penalties for DUI Hit-and-Run in South Florida

The consequences of a DUI hit-and-run conviction depend on the specific facts of your case, such as the extent of the damage, whether anyone was injured or killed, your prior criminal record, and other factors. You could face enhanced penalties more serious than if you were just convicted of DUI or hit-and-run. The judge could sentence you to the following: 

• Property damage only. This crime would be charged as a second-degree misdemeanor, punishable by up to 60 days in jail and a fine of up to $500. Your license may also be suspended for a minimum of six months.
• Injuries to Person. Depending on the severity of the injuries, you may face third-degree felony charges and be sentenced to up to five years in prison and a fine of up to $5,000. A more serious offense would be a second-degree felony charge, carrying punishments of up to 15 years in prison and a $10,000 fine. Expect a minimum 3-year license suspension.
• Death of a Person. DUI hit-and-run involving a fatality is a first-degree felony, punishable by four to 30 years in prison and a $10,000 fine. Your license could also be permanently revoked. You may also face vehicular manslaughter or DUI manslaughter charges.

What Are the Long-Term Consequences of a DUI Hit-and-Run Conviction?

In addition to criminal penalties, a DUI hit-and-run conviction can have far-reaching effects on your life for years to come. Some of the most significant long-term consequences include:

• Criminal record. A DUI hit-and-run conviction stays on your record forever, making it difficult to find employment, housing, and educational opportunities. You may also face increased scrutiny in professional licensing and child custody matters.
• Driver's license impact. Even after your initial suspension period ends, a DUI hit-and-run conviction can result in long-term license restrictions and reinstatement requirements. 
• Financial costs. On top of fines and court fees, you'll likely face higher car insurance rates, costs associated with an ignition interlock device, and ongoing expenses for DUI classes, probation supervision, and substance abuse treatment if ordered by the court.
• Restitution. If you're convicted of DUI hit-and-run, the court may order you to pay restitution to the victims for property damage, medical bills, lost wages, and other accident-related losses. Restitution can easily reach thousands of dollars or more.
• Personal relationships. A DUI hit-and-run conviction can strain your personal and professional relationships, leading to loss of trust, respect, and support from loved ones, friends, and colleagues. The stigma associated with this offense can be difficult to overcome.
• Immigration issues. If you're not a U.S. citizen, a DUI hit-and-run conviction can jeopardize your immigration status, leading to deportation proceedings or ineligibility for citizenship, green cards, and visa renewals.

What Defenses Can You Raise to Fight DUI Hit-and-Run Charges in South Florida?

Just because you've been charged with DUI hit-and-run doesn't mean you'll be convicted. Our experienced DUI defense attorneys can identify weaknesses in the prosecution's case and build a strong defense on your behalf. 

One of the benefits of an aggressive defense strategy is that we may be able to file a motion to suppress evidence being used against you. If the suppressed evidence is critical to the prosecution’s case, our lawyers may be able to have the charges dismissed or reduced to a lesser offense through a plea bargain. 

Potential defenses include:

• Lack of probable cause for the initial DUI stop or arrest. If the police didn't have a valid reason to pull you over or take you into custody, any evidence they obtained may be thrown out.
• Failure to meet the burden of proof. The prosecution must prove every element of the DUI hit-and-run charge beyond a reasonable doubt. If there are gaps in their evidence or conflicting witness statements, it may be enough to avoid a conviction.
• Leaving the scene due to fear for your safety. If you left the accident scene because you were afraid of being assaulted or attacked, it may be a valid defense to the hit-and-run charge.
• Disputing DUI test results. Breathalyzer machines and blood tests aren't always accurate. Our attorneys may be able to challenge the validity of the tests and potentially have them excluded as evidence.
• Challenging other evidence. Depending on the facts of your case, we may be able to argue that the prosecution's evidence is insufficient, unreliable, or improperly obtained.
• Lack of knowledge about the accident. If you honestly didn't realize you were involved in a collision, it could be a defense to the hit-and-run charge.
• Violation of your constitutional rights. If the police violated your rights at any point during the DUI hit-and-run investigation or arrest process, our legal team can file motions to have specific evidence suppressed or the entire case dismissed.

Why Choose the Law Offices of Robert David Malove?

When you're facing DUI hit-and-run charges in South Florida, you need a defense team with the skills, experience, and commitment to fight for your rights. Attorney David Malove is a founding member of the National College for DUI Defense. He’s also a Florida Bar Board Certified as an “expert/specialist” in criminal trial law. At the Law Offices of Robert David Malove, we offer:

• Over three decades of experience defending DUI hit-and-run cases throughout Southern Florida. With decades of experience representing clients facing DUI hit-and-run charges, our attorneys are well-versed in the local courts and know how to develop effective defense strategies that yield a favorable outcome for you.
• Extensive trial experience. We're not afraid to take your case to trial if that's what it takes to protect your freedom and future.
• Personalized attention and 24/7 availability. We understand that a DUI hit-and-run arrest can turn your life upside down. That's why we're here to answer your questions, address your concerns, and provide support every step of the way.
• Free initial consultations. We'll review your case and explain your options at no cost and with no obligation to you. You have nothing to lose by speaking with us.
• Affordable payment plans. We believe everyone deserves quality legal representation, regardless of their financial situation. We offer flexible payment options to make our services as accessible as possible.