DUI WITH PROPERTY DAMAGE

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The Law Office of Lee Meadows has over 36 years assisting people needing guidance regarding DUI with Property Damage.

Under Florida Statute 316.193(1) and (3)(c)(1), the crime of DUI with property damage is committed in Florida when a person:

Drives a vehicle, or is found to be in actual physical control of a vehicle, within the state of Florida;

And the person is either:

  • Under the influence of alcoholic beverages or any chemical or controlled substance, when affected to the extent that the person’s normal faculties are impaired; or
  • Has a breath-alcohol level of 0.08 or higher; or
  • Has a blood-alcohol level of 0.08 or higher.
  • and causes damage, directly or indirectly, to the property of another person.
Penalties for DUI with Property Damage

The crime of DUI with Property Damage is a First Degree Misdemeanor in Florida.

If convicted of DUI with Property Damage in Florida, a judge is required to impose the following penalties:

  • Up to twelve months in jail.
  • Up to twelve months of reporting probation.
  • Minimum six month driver license revocation, but up to twelve months.
  • Minimum fine of $500, but no more than $1,000.
  • Impoundment or immobilization of the vehicle used in the DUI for 10 days.
  • 50 hours of community service.
  • Completion of a 12-hour DUI Substance Abuse Course.
  • Completion of a psychosocial evaluation to determine if Substance Abuse Treatment is required.
  • Completion of any recommended substance abuse treatment.
Enhanced Penalties for DUI with Property Damage

A person convicted of a DUI with Property Damage is subject to enhanced penalties if the person either:

  • Had a breath or blood alcohol level of .15 or higher; or
  • Was accompanied by a minor at the time they were driving.
Breath or Blood Alcohol Level .15 or Higher

In addition to the standard penalties, a judge must impose the following enhanced penalties if a person is convicted of DUI with Property Damage with a breath or blood alcohol level of .15 or higher:

  • Minimum fine of $1,000, but no more than $2,000.
  • Mandatory placement of an ignition interlock device upon all vehicles used, owned, or routinely operated by the convicted person for not less than 6 continuous months, but up to one year.
Accompanied by a Minor

In addition to the standard penalties already required to be imposed, a judge must impose the following enhanced penalties if a person is convicted of DUI with Property Damage while accompanied by a minor:

  • Minimum fine of $1,000, but no more than $2,000.
For more information please visit:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.193.html

 

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