DUI with Property Damage: Additional Penalties in Florida

By Jonathan Blecher on September 8, 2025

Driving under the influence is already one of the most serious traffic-related offenses under Florida law. When a DUI incident also involves property damage, the consequences become far more severe. At Jonathan B. Blecher, P.A., the focus is on defending clients against the harsh penalties associated with DUI charges, particularly those that escalate into criminal charges involving damaged property. With decades of experience navigating Florida’s intricate DUI statutes, Jonathan B. Blecher provides strategic legal representation to protect his clients’ rights and futures.

Understanding DUI Laws in Florida

Florida DUI offenses are defined by actual physical control of a motor vehicle while impaired. A person may be arrested if alcoholic beverages, controlled substances, or chemical substances impair their normal faculties. In most cases, law enforcement officers use a breath alcohol test to determine impairment. A blood alcohol level (BAC) of 0.08% or higher typically triggers a DUI charge.

Even for a first offense, a DUI conviction carries substantial legal penalties, including fines, driver’s license suspension, probation, and in some cases, mandatory placement of an ignition interlock device. The law is strict, and the penalties become even harsher if the case involves an accident, injury, or damage to property.

What Constitutes Property Damage in a DUI Case?

In DUI property damage cases, the legal question goes beyond intoxication; it extends to whether a person’s impaired driving caused harm to another’s property. This can include:

Damage to another motor vehicle during a collision.
Striking a building, fence, or structure.
Destroying landscaping, mailboxes, or personal property.

Even if there is no serious bodily injury, the fact that property was damaged elevates the case. Under Florida Statutes, DUI with property damage is typically charged as a first-degree misdemeanor, punishable by up to one year in jail, probation, fines, and other enhanced penalties.

Additional Penalties for DUI with Property Damage

A standard DUI conviction already includes fines, community service, and potential jail time. When property damage is added, the penalties expand significantly:

First Degree Misdemeanor Punishable by Up to One Year: Unlike a standard traffic infraction or simple DUI case, a property damage DUI elevates the charges.
Increased Fines: A convicted person may face a minimum fine above standard DUI penalties.
Restitution: Courts often order repayment for the property that was destroyed.
Probation and Reporting: Offenders may be required to complete substance abuse treatment, undergo counseling, and submit to regular probation check-ins.
Ignition Interlock Device: Even for a first conviction, the court may order mandatory placement of this device if it determines it necessary.

If the DUI also causes non-serious bodily injury or personal injury, the charge may escalate further to a third-degree felony. For cases involving serious bodily injury, prosecutors may pursue a second-degree felony, which carries even greater prison time and fines. In tragic instances in which the accident leads to a death, the charge becomes DUI manslaughter, a second-degree felony punishable by lengthy incarceration.

The Legal Process: From Arrest to Trial

DUI property damage cases typically begin with a traffic stop or crash investigation. A law enforcement officer must have reasonable suspicion or probable cause to make the stop. If the officer claims the driver showed signs of impairment, a breath test or blood alcohol concentration test may follow.

Once arrested, the person convicted of DUI with property damage faces the following stages in the legal process:

Arrest & Booking: The accused is taken into custody and charged.
Arraignment: Formal charges are read; the defendant enters a plea.
Pre-Trial Hearings: The defense can challenge the legality of the traffic stop, breath alcohol level results, or evidence obtained.
Negotiation or Trial: In some cases, an experienced DUI attorney may negotiate for a reduced charge, such as reckless driving, particularly if property damage was minimal.

Legal Strategies for Defending DUI with Property Damage

Jonathan B. Blecher, P.A., approaches every DUI with property damage case with precision. Common defense strategies may include:

Challenging the Traffic Stop: If the stop was an illegal traffic stop, all evidence gathered may be suppressed.
Questioning Chemical Tests: Breath and blood tests are not infallible; improper calibration or handling can cast reasonable doubt.
Disputing Actual Physical Control: If prosecutors cannot prove the defendant was routinely operating the vehicle, the case may weaken.
Arguing Mitigating Factors: In some cases, reducing the charge to reckless driving can help avoid harsher DUI penalties.

The goal is always to reduce the impact of the charges, avoid mandatory jail time, and protect the accused from long-term consequences such as license loss or professional setbacks.

Why Legal Representation Is Critical

A DUI with property damage is far more than a traffic infraction. It’s a criminal charge that can have a profoundly lasting impact on someone’s future. Without representation, a convicted person may face:

Loss of driving privileges.
High insurance premiums.
Difficulty finding employment.
Restrictions on professional licenses.

Working with an experienced attorney ensures that every avenue for defense is explored. Jonathan B. Blecher has dedicated his career to defending individuals against Florida DUI charges and understands how to challenge them effectively. His firm is recognized for its aggressive advocacy, meticulous attention to detail, and a commitment to protecting clients against unfair treatment in DUI and property damage cases.

Potential Defenses in DUI with Property Damage Cases

No two DUI cases are the same, but there are multiple ways to build a defense. Some possible strategies include:

Showing that the person’s normal faculties were not impaired despite a measurable BAC.
Demonstrating that reasonable suspicion was lacking for the traffic stop.
Proving the damage was unrelated to impairment (for example, road hazards or weather conditions).
Challenging the chain of custody in evidence obtained by police.

By attacking weak points in the prosecution’s case, the defense may achieve a reduction in charges, dismissal, or a favorable plea agreement.

Protecting Your Future After a Property Damage DUI

The consequences of a DUI with property damage can linger far beyond the courtroom. A DUI conviction becomes part of a criminal history and can resurface in background checks, job applications, and even housing opportunities. Penalties such as driver’s license suspension, probation with reporting requirements, and financial restitution can disrupt daily life for years.

That’s why working with an experienced DUI attorney is essential. At Jonathan B. Blecher, P.A., clients benefit from tailored defense strategies and direct attorney involvement in every step of the legal process. Whether it’s a first conviction or a repeat offense, the firm provides guidance designed to safeguard both immediate and long-term interests.

Contact Jonathan B. Blecher, P.A., Today

If you are facing charges of DUI with property damage in Florida, don’t wait until it’s too late. A single mistake can result in severe penalties that impact your freedom, finances, and future. Contact Jonathan B. Blecher, P.A., today for a free consultation. With decades of experience handling Florida DUI cases, Attorney Blecher stands ready to challenge the evidence, defend your rights, and work toward the best possible outcome.