DUI Causing Property Damage

Driving Under the Influence Causing Property Damage in Florida

Driving Under the Influence (DUI) Causing Property Damage is charged when the crime of Driving Under the Influence results in causing, or contributing to causing, property damage.

Definition of (DUI) Causing Property Damage in Florida

Driving Under the Influence (DUI) Causing Property Damage, as defined by § 316.193(3)(a)(b)(c)1, Florida Statutes, involves committing the crime of Driving Under the Influence and causing or contributing to causing damage to the property of another.

The State’s attorney must prove beyond a reasonable doubt that the defendant is guilty of the DUI Causing Property Damage establishing the following three (3) elements of the crime:

(1) The defendant was driving or was in actual physical control of a vehicle; and

(2) At the time, the defendant met one or both of the following conditions:

(a) Under the influence of an alcoholic beverage, chemical substance, or controlled substance such that the defendant’s normal faculties were impaired

(b) A blood-alcohol or breath-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood or 210 liters of breath

(3) As a result of operating a vehicle while impaired, or with a blood- or breath-alcohol level of 0.08 or greater, the defendant caused or contributed to causing damage to the property of the victim or victims

Penalties for DUI Causing Property Damage in Florida

A person convicted of DUI who by operating the vehicle while impaired causes, or contributes to causing damage to the property of another commits a first degree misdemeanor punishable by a term of imprisonment not exceeding 1 year and a fine of $1,000 as provided in §. 775.082 and § 775.083, Florida Statutes.

Defenses to DUI Causing Property Damage in Florida

(1) The DUI did not cause, contribute to, or damage any property

(2) The property belonged to the driver

(3) The other driver was at fault for the accident

(4) There was a mechanical failure of the vehicle or the vehicle’s controls

(5) There was a failure of the traffic control devices, such as malfunctioning stop lights or railroad crossing gates and flashing lights

Examples of DUI Causing Property Damage in Florida

(1) While Driving Under the Influence, failing to yield right of way and hitting another vehicle

(2) While Driving Under the Influence, swerving to avoid a dog, losing control of the vehicle and jumping the curb ,and hitting a fire hydrant

(3) While Driving Under the Influence, falling asleep at the wheel and running into another vehicle whether that vehicle is one the road or parked

Contact Us

If you have been charged with the crime of DUI Causing Property Damage in South Florida, you need to speak with a criminal defense attorney right away to ensure your rights are protected. The Law Office of Sean Clayton, P.A., can help you better understand your situation and your options. Contact us today for your free consultation.