DUI with Property Damage: Felony Charges Explained

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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:

  1. Request a Formal Hearing: You have 10 days to challenge your administrative license suspension with the FLHSMV.
  2. Document the Scene: Gather photos, witness statements, and insurance reports as evidence.
  3. Contact a Defense Attorney: Speak to a lawyer experienced in Florida DUI Defense.
  4. 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.

Legal References: Florida Statutes §316.193 (DUI Penalties) • Florida Highway Safety and Motor Vehicles • Florida Sentencing Guidelines (DOC).

DUI Checkpoint Rights and Defense Strategies

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DUI Checkpoint Rights in Florida: What to Know About Sobriety Checkpoints, Your Constitutional Protections, and Building a Checkpoint Defense

Driving through sobriety checkpoints in Florida can leave anyone uncertain about their DUI checkpoint rights. Knowing what you must (and don’t have to) do at a checkpoint can make a real difference if you’re stopped in Miami-Dade, Broward, or Palm Beach. For more help, see our DUI Defense practice area and our recent post on what to do immediately after a Florida DUI arrest. If you’re comparing options in Broward, read How to Find the Best DUI Lawyer in Broward County.

=What Are Your DUI Checkpoint Rights in Florida?

Sobriety checkpoints (roadblocks) are permitted in Florida when law enforcement follows strict constitutional safeguards and written procedures. Florida agencies use them to deter impaired driving while respecting your rights under the Fourth Amendment.

Your key rights at a checkpoint:

  • Right to remain silent: You must show license, registration, and proof of insurance, but you do not have to answer questions about drinking, where you’re coming from, or other investigative questions.
  • Right to refuse roadside field tests: You may generally refuse field sobriety exercises (walk-and-turn, one-leg stand, HGN). Refusing a post-arrest breath test has consequences under Florida’s Implied Consent Law (F.S. 316.1932).
  • Right to counsel after arrest: If you are arrested, you can request to speak with an attorney before answering further questions.

For a defense overview and next steps, visit our DUI Defense page or our Fort Lauderdale DUI Charges resource.

How Florida Sobriety Checkpoints Must Be Run

Officers cannot set up a DUI roadblock “whenever and however.” Supervisors must create written, neutral procedures that limit officer discretion and minimize delays for motorists. Agencies such as the Florida Highway Patrol (FLHSMV/FHP) often provide public information about enforcement operations.

Requirement What It Means
Supervisor planning Policies and site selection are set by supervisors, not by officers in the field.
Neutral stopping formula Vehicles are stopped by a pre-set pattern (e.g., every 3rd car), not by hunches.
Minimal intrusion Brief checks; longer detention requires individualized reasonable suspicion.
Safety and visibility Marked units, lighting, signage, and clear officer identification.

If you’re unsure the checkpoint followed these rules, start here: Criminal Defense overview or contact our team.

Common Checkpoint Defense Strategies

  • Improper checkpoint operation: Deviation from the written plan can lead to suppression of evidence.
  • Unlawful detention: Prolonged questioning without reasonable suspicion violates the Fourth Amendment.
  • Unreliable field sobriety tests: Poor lighting/weather, uneven surfaces, medical or balance issues, or incorrect instructions.
  • Breath/chemical test challenges: Machine maintenance, observation periods, administrative protocol, or implied-consent warnings.

See our practical guide: What to Do Immediately After a DUI Arrest in Florida.

Florida DUI Checkpoints: Quick FAQs

Are DUI checkpoints legal in Florida?
Yes—when conducted under constitutional guidelines and written, neutral procedures. Check agency updates from FLHSMV/FHP.

What documents must I provide at a checkpoint?
Driver’s license, vehicle registration, and proof of insurance.

Can I refuse field sobriety tests?
You may refuse field sobriety exercises. Refusing a post-arrest breath test can trigger license suspension under Florida’s Implied Consent Law.

What if I’m arrested?
Invoke your right to remain silent and request an attorney. Start with our DUI Defense page and contact us 24/7.

Talk to Mayersohn Law Group

If you were stopped at a DUI checkpoint anywhere in South Florida, timing matters. Preserve your rights and defense options now.

Legal References: Florida Statutes §316.1932 (Implied Consent) • U.S. Const. amend. IV • Enforcement info: Florida Highway Safety and Motor Vehicles.

Refusing a Breathalyzer Test: Consequences and Rights

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Refusing a Breathalyzer Test in Florida: Understanding Your Rights and the Consequences

Choosing to refuse a breathalyzer test in Florida can have immediate and serious consequences under the state’s Implied Consent Law. If you’re facing a DUI charge or questioning your rights around a breath test refusal, understanding how this decision affects your license suspension and criminal case is important. Many drivers encounter these issues after an arrest—see our DUI Defense page for strategies to fight back, or visit our Criminal Defense overview for broader legal support. Knowing your obligations under Florida law can make the difference between a manageable case and a severe outcome.

What Does Refusing a Breathalyzer Test in Florida Mean?

Florida operates under the Implied Consent Law, which states that any driver who holds a valid license automatically consents to chemical testing—such as a breath, blood, or urine test—if lawfully arrested for DUI. Refusing a breathalyzer test means declining to provide a sample to measure your blood alcohol concentration (BAC) after being detained for suspected impaired driving.

Key Points of Florida’s Implied Consent Law

Requirement Description
Who it applies to Anyone driving with a valid Florida license
Required tests Breath, blood, or urine when requested lawfully for DUI investigation
Penalties for refusal Automatic license suspension, admissible in court, possible misdemeanor for repeat refusal

Immediate Consequences of Breathalyzer Refusal in Florida

When you refuse a breathalyzer test, administrative penalties begin immediately—even before your court date. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) enforces these consequences regardless of whether you are later convicted of DUI:

  • First Refusal: One-year driver’s license suspension.
  • Second or Subsequent Refusal: Eighteen-month suspension and possible misdemeanor charges for repeat offenders.
  • Use in Court: Prosecutors can introduce your refusal as evidence suggesting you were attempting to hide intoxication.

For next steps after an arrest, read What to Do Immediately After a DUI Arrest in Florida.

Can You Legally Refuse a Breathalyzer in Florida?

While you technically can refuse a test, you cannot do so without consequence. Refusal activates penalties under the implied consent law, even if you were not impaired. In some circumstances—particularly after an accident involving injury or death—officers can obtain a warrant for a blood draw.

Possible Legal Exceptions and Defenses

  • Unlawful Stop: If the officer lacked probable cause, all resulting evidence may be suppressed.
  • Physical Inability: Medical conditions preventing breath samples must be clearly communicated and documented.
  • Improper Police Procedure: Failure to follow required protocol can invalidate the request for testing.

For additional legal context, visit the Miami-Dade County Courts website to review local case procedures.

Long-Term Impacts: License Suspension and Criminal Consequences

If your license is suspended due to breathalyzer refusal, you have 10 days from the date of arrest to request a formal review hearing with the FLHSMV. Missing this deadline could permanently affect your ability to contest the suspension.

Visit our Driver’s License Restoration page for step-by-step instructions on challenging a suspension and regaining driving privileges.

It’s important to know:

  • Refusing a breathalyzer does not prevent a DUI conviction—refusal can be used as evidence in court.
  • Repeat refusals may result in additional criminal charges and enhanced penalties.
  • Insurance rates can increase or coverage may be dropped after an administrative suspension.

Learn more about penalties and procedures under the Florida DUI Statute (F.S. 316.193).

Protect Your Rights After a DUI Arrest

If you refused a breathalyzer in Florida, don’t face the consequences alone. The Mayersohn Law Group can help you fight your suspension, challenge the legality of your stop, and build a strong defense for your DUI case.

Legal References: F.S. §316.1932 (Implied Consent) • F.S. §316.193 (DUI Penalties) • Florida Highway Safety and Motor Vehicles.

 

 

Arrested After Hours? Why You Need a 24 Hour Criminal Lawyer in Broward

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Arrested After Hours? Why You Need a 24 Hour Criminal Lawyer in Broward

24 hour criminal lawyer near me — Those words might be the first thing you type after a midnight arrest. When you’re taken into custody after business hours, the clock starts on your rights. Florida law requires that every person arrested must be taken before a judge within 24 hours for a first appearance and informed of the charges. At that hearing, the court determines probable cause, sets bond and, if you can’t afford counsel, a lawyer will be appointed. In this critical window, having a 24/7 criminal lawyer protects your rights, helps secure release, and prepares a defense.

What Happens in the First 24 Hours After an Arrest?

The hours immediately after an arrest are hectic. Knowing what to expect can reduce fear and help you make smart decisions. Below is a simplified overview of the stages from arrest to first appearance:

Stage What it involves Legal rights and resources
Custody & booking The police arrest you, take you to jail, and record your personal information and charges. You have the right to remain silent and to consult an attorney. Family can use the Broward Clerk’s public case search to find case information.
First appearance A judge reviews probable cause, sets or modifies bond, and may impose release conditions. If you cannot afford a lawyer, the court must appoint counsel. A 24/7 criminal lawyer can advocate for lower bond or release on recognizance.
After release The case moves to arraignment and pre‑trial. Your attorney can file motions to suppress evidence, negotiate with the prosecutor, and begin preparing your defense. Use our resources on the Stages of a Criminal Trial to learn what’s next.

Because the first appearance can happen quickly and sometimes in the middle of the night, having a 24/7 criminal lawyer ensures you have someone advocating for lower bond, advising you on what not to say, and preserving your rights from the start.

Why a 24/7 Criminal Lawyer Makes a Difference

An arrest doesn’t wait until office hours. Whether it happens at 2:00 a.m. in Fort Lauderdale or on a weekend in another part of Broward County, an attorney who answers your call can make the difference between spending the night in jail or going home. Here’s why time is of the essence:

  • Protect you during police questioning: Officers may try to question you immediately after arrest. Having a lawyer on the line prevents self‑incrimination and ensures you invoke your right to remain silent.
  • Seek prompt release: Your attorney can contact a bail bondsman, advocate for a reasonable bond, and help arrange release conditions quickly.
  • Preserve evidence: Once retained, your lawyer begins investigating, preserving surveillance footage, witness statements, or other evidence that may disappear.
  • Guide your family: Loved ones often panic when someone is arrested after hours. Your lawyer can explain
  • the process, direct them to resources, and help with paperwork.

AtMayersohn Law Group, our attorneys are available 24/7 to answer your call and provide immediate legal advice. We understand local procedures, from the Broward County Jail to the Felony and Misdemeanor divisions of the Seventeenth Judicial Circuit, and we strive to minimize the disruption an arrest causes to your life.

How to Choose the Right

Stylized handshake under moon with scales and clock symbolizing trust and nighttime legal services

 24 Hour Criminal Lawyer

Not all lawyers offer true 24/7 availability. When evaluating a criminal defense attorney, consider the following:

  • Experience with your type of case: Ask whether the lawyer has handled cases like yours and how much of their practice is devoted to criminal defense. Our firm focuses on criminal defense in Broward County, from DUIs to serious felonies.
  • Local knowledge: A lawyer who regularly appears in Broward courts knows the judges, prosecutors, and court procedures, which can influence bond amounts, plea negotiations and trial strategy.
  • Responsiveness: Your attorney should return calls quickly and be willing to meet after hours when emergencies arise.
  • Transparent fees: Ask about fees and whether after‑hours representation is included. We provide clear fee agreements so you know what to expect.
  • Client communication: You should understand who will work on your case and how the lawyer will keep you informed. We offer regular updates and online case tracking.

Use the Florida Bar’s Find a Lawyer tool to verify any attorney’s license and disciplinary history.

Our Commitment to Broward County Residents

The Mayersohn Law Group has built a reputation as a trusted criminal defense law firm serving Fort Lauderdale and Broward County. We provide 24 hour criminal lawyer services because arrests don’t wait for business hours. Whether you’ve been charged with a misdemeanor or felony, we will fight for your rights and explore every option for dismissal, reduction, or acquittal. For more information on the criminal process, explore our resources on what you need to know in criminal cases and criminal defense in Florida. When you’re ready to act, visit our contact page or call us anytime.

Frequently Asked Questions

What should I do if I’m arrested after hours in Broward County?
Stay calm and assert your right to remain silent. Ask to speak with an attorney immediately. Contact a 24/7 criminal lawyer who can advise you, contact your family, and advocate for prompt release.

Will a public defender be available if I can’t afford a lawyer?
At your first appearance, the judge must appoint counsel if you cannot afford one. However, hiring your own 24‑hour lawyer ensures you have representation before and during the hearing.

How quickly can a 24/7 lawyer get me out of jail?
Every case is different, but an experienced attorney can often coordinate with bondsmen and argue for reasonable bond at your first appearance, sometimes securing release within hours.

Does Mayersohn Law Group handle cases outside Fort Lauderdale?
Yes. Our attorneys represent clients across Broward County and the surrounding areas. If you are searching for a 24 hour criminal lawyer near me, we can assist you.

If you’ve been arrested after hours, don’t wait for business hours to get help. Contact Mayersohn Law Group for experienced, compassionate representation at any hour.