DUI Property with Damage Explained by a Fort Lauderdale DUI Lawyer

Florida law defines DUI with property damage as being in physical control of a vehicle while:

  • Under the influence of alcohol or any chemical substance, controlled or otherwise, to the extent that driving ability is impaired.
  • Having a blood-alcohol or breath alcohol level of 0.08 or greater

And causing direct or indirect harm to another individual or their property.

Possible Penalties

In Florida, DUI with property damage is a First Degree Misdemeanor which may incur:

  • A jail sentence of up to 12 months
  • Reporting probation of up to 12 months
  • Immobilization or impounding of the vehicle for 10 days
  • A fine of between $500 and $1000
  • Community service of 50 hours
  • Completion of a substance-abuse course

Increased Penalties are incurred when:

The accused:

1.Was found to have a BAC of 0.15 or higher.

  1. Was transporting a minor during the incident.

Driving with a BAC of 0.15

  • Will incur a fine of between $1000 and $2000 and
  • Temporary immobilization of all vehicles owned by the driver.

Accompaniment by a Minor

In addition to standard penalties, the accused will also be ordered to pay a fine of between $1000 and $2000.

Possible Defenses for DUI with Property Damage

Our Broward DUI law firm specializes in handling DUI crime charges, meaning working towards having your charges reduced or possibly even dismissed. A skilled Fort Lauderdale DUI lawyer may be able to prevent the case from going to court through the proactive action of pre-filing representation. Failing this defense, common evidentiary defenses may include:

  • Illegitimate Traffic stops
  • Illegitimate Sobriety Tests
  • A lack of Probable Cause
  • Non-viable Breath Results

Illegitimate Traffic Stops

If the traffic stop is proven illegitimate, the evidence will usually be suppressed and the case dismissed.

Illegitimate Sobriety Tests

The driver may be suffering from poor health or the officer may not be qualified to perform the specific Field Sobriety Test.

Lack of Probable Cause

If it can be proven that the officer had insufficient cause to suspect the driver was impaired, the prosecutor may be forced to dismiss the DUI case.

Non-viable Breath Results

If this process is poorly conducted, the results may be dismissed.

Contacting a Broward DUI Attorney

Contacting a Fort Lauderdale DUI lawyer is your best hope of reducing charges of DUI with property damage. It’s advisable to do this without delay to ensure the best possible outcome.

We handle a variety of criminal law cases, so call us now if you have any questions, (954) 256-1464.

View more contact information here: Fort Lauderdale DUI Lawyer.