Category: Traffic Offenses · Statute: F.S. 316.193(3)(b) · Source: Florida Legislature
Understanding DUI with Property Damage in Florida
In Florida, a standard Driving Under the Influence (DUI) charge is elevated to "DUI with Property Damage" under Florida Statute Section 316.193(3)(c)1 if the driver, while operating a vehicle under the influence of alcohol or controlled substances, directly or indirectly causes damage to another person's property or real estate. This offense commonly arises from traffic accidents involving collisions with other vehicles, mailboxes, utility poles, fences, or parked cars. To secure a conviction, the state must prove not only that the driver was legally impaired or had a blood- or breath-alcohol level of 0.08 or higher, but also that their operation of the vehicle was the proximate cause of the physical property damage.
While a standard first-time DUI in Florida is typically charged as a second-degree misdemeanor, adding property damage to the incident elevates the charge to a first-degree misdemeanor. This classification subjects the accused to harsher maximum penalties, including up to one year in county jail, twelve months of probation, and a mandatory minimum fine of $1,000. If the accident results in serious bodily injury to another person rather than just property damage, the offense is elevated further to a third-degree felony, which carries up to five years in state prison and significantly higher financial penalties.
Bail and Pretrial Release for DUI with Property Damage
Under Florida law, individuals arrested for DUI with Property Damage cannot immediately post a standard bond and walk out of jail. Florida Statute Section 907.041 and standard judicial administrative orders require DUI defendants to remain in custody until they have sobered up, typically defined as having a breath-alcohol level below 0.05 or until eight hours have passed since the arrest. Once this sobriety threshold is met, the defendant can typically secure release by posting the standard bond amount established by the local county's uniform bond schedule for first-degree misdemeanors, unless a judge alters the amount at a first appearance hearing.
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