DUI with Property Damage in Florida: Felony Charges Explained
Facing a DUI with property damage in Florida can be overwhelming, especially when an accident results in vehicle, home, or business damage. These cases carry serious penalties—and understanding the difference between misdemeanor and felony DUI charges is critical. If your arrest occurred in Miami, Fort Lauderdale, or West Palm Beach, act quickly to protect your rights. Learn more about defense options on our Florida DUI Defense page or read our detailed guide on First-Time DUI Arrests in Florida. For official references, see Florida Statutes Chapter 316.
What Counts as Property Damage in a Florida DUI Arrest?
Every DUI property damage case involves two key facts: you were allegedly driving under the influence, and your actions caused property damage. “Property” covers more than vehicles—it can include mailboxes, fences, homes, landscaping, or public structures. If your crash in Broward County damaged another person’s belongings, that’s enough for prosecutors to pursue a DUI with property damage charge.
Legal Elements of a DUI with Property Damage in Florida
| Element | What Prosecutors Must Prove |
|---|---|
| Impairment or Excessive BAC | Driver’s BAC was 0.08% or higher, or normal faculties were impaired. |
| Operation of Vehicle | Defendant was in physical control of the vehicle at the time of the crash. |
| Property Damage | Tangible damage occurred to another person’s property. |
| Causation | The driver’s impairment caused or significantly contributed to the damage. |
For a closer look at criminal charges and DUI defense strategies, visit our Criminal Defense page.
Is DUI with Property Damage a Felony in Florida?
Most DUI with property damage cases start as first-degree misdemeanors, punishable by up to 12 months in jail and a $1,000 fine for a first offense. However, the charge can escalate to a felony depending on the circumstances. Prosecutors may seek harsher penalties if the case involves:
- Serious bodily injury, under Florida Statute §316.193
- Repeat DUI offenses or prior convictions
- Damage to government or public property
- Reckless driving or hit-and-run behavior
Offense Levels and Potential Penalties
| Offense Type | Charge Level | Maximum Penalty |
|---|---|---|
| Property damage only | First-degree misdemeanor | Up to 1 year in jail, $1,000 fine, probation up to 12 months |
| Serious bodily injury | Third-degree felony | Up to 5 years in prison, $5,000 fine, extended license revocation |
| Prior DUI convictions | Enhanced misdemeanor or felony | Harsher penalties, longer incarceration, and increased fines |
Learn more about enhanced penalties on our Repeat DUI Offenses in Florida resource page.
Additional Consequences of a DUI with Property Damage Conviction
Whether misdemeanor or felony, a conviction for DUI with property damage carries life-changing consequences. These include:
- Driver’s license suspension or revocation
- Vehicle impoundment (typically 10 days or more)
- Mandatory community service and DUI school
- Probation or jail time
- Restitution for property repair or replacement
- Permanent criminal record
Repeat offenders and cases involving high-value property damage often face harsher sentencing. You can review official penalty guidelines through the Florida Department of Highway Safety and Motor Vehicles and the Florida Sentencing Guidelines Chart (PDF).
Key Steps After a DUI with Property Damage Arrest
If you’ve been arrested for DUI with property damage in Florida, take immediate action to preserve your rights and protect your license. Here’s what to do:
- Request a Formal Hearing: You have 10 days to challenge your administrative license suspension with the FLHSMV.
- Document the Scene: Gather photos, witness statements, and insurance reports as evidence.
- Contact a Defense Attorney: Speak to a lawyer experienced in Florida DUI Defense.
- Avoid discussing your case: Don’t speak with insurers or police without legal counsel.
For help rebuilding your record, see our Driver’s License Restoration page or contact us directly to discuss your defense strategy.
Talk to Mayersohn Law Group Today
At Mayersohn Law Group, we understand how quickly a DUI with property damage can escalate. Our experienced Fort Lauderdale Criminal Defense Attorneys know what it takes to challenge these charges and protect your freedom, license, and future.
- Request a Free Consultation
- Learn more about Florida DUI laws
- Explore our Criminal Defense Practice Area
Legal References: Florida Statutes §316.193 (DUI Penalties) • Florida Highway Safety and Motor Vehicles • Florida Sentencing Guidelines (DOC).
