DUI with Property Damage

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Facing arrest for DUI with Property Damage is an incredibly unsettling, humiliating, and anxiety-ridden experience. To compound the stress, you have a mere ten (10) days to safeguard your driving privileges in a separate administrative case. Once released from jail, the daunting task of finding the right DUI lawyer begins, and time is of the essence if you seek assistance in navigating both the criminal and administrative aspects. The Law Office of Sean Clayton, PA in Fort Lauderdale stands ready to assist.

The stakes are exceptionally high, as a DUI with Property Damage conviction leaves an indelible mark on your criminal record. It cannot be erased or expunged. Furthermore, it triggers a significant increase in car insurance premiums and sets off a chain of costly indirect consequences that may haunt you indefinitely.

To avoid these dire repercussions, your best course of action is to engage an attorney who will challenge the administrative suspension of your driver’s license through a formal review hearing. Simultaneously, they will vigorously defend against the criminal charges in court. Successfully, avoiding adjudication for a DUI or reckless driving charge could make you eligible to seal or expunge your record, offering a glimmer of hope for a brighter future.

Consulting with an DUI lawyer provides valuable insights into your eligibility for diversion programs, guidance on efficiently meeting required sanctions, and an evaluation of whether contesting the charges aligns with your best interests. They will expertly guide you through the legal complexities, ensuring informed decisions that serve your goals.

At The Law Office of Sean Clayton, PA, our dedicated team of attorneys specializes in providing robust defense for DUI cases involving property damage in Fort Lauderdale, Miami, and West Palm Beach. Our primary objective is to achieve the best possible outcomes for our clients, often resulting in complete dismissal of charges or reduction to the lesser offense of reckless driving.

Additionally, we offer invaluable guidance to our clients throughout the administrative proceedings with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). Our advice includes strategic approaches that may enhance their chances of a favorable resolution. Ultimately, our goal is to assist clients in minimizing the long-term consequences associated with a DUI charge.

Following a DUI with property damage arrest in Fort Lauderdale or anywhere in South Florida, you will encounter two distinct cases. First, the administrative case with the DHSMV focuses on the suspension of your driver’s license. Second, the criminal case unfolds in the courts. Our experienced DUI lawyers handle both types of cases across South Florida and can provide expert guidance on the best course of action for your situation.

We strongly encourage anyone accused of DUI with property damage to consult with an attorney early in the process. For assistance in selecting the right attorney, consider reviewing our Tips for Selecting a DUI Attorney.

The State must establish three key elements beyond a reasonable doubt in order to secure a DUI conviction. 

First, they must prove that the defendant either operated or the accused was in "actual physical control" (i.e.  had the capability to operate a vehicle). This includes instances where the defendant was found in or on the vehicle with the keys in the ignition, even if their intention was to sleep off the effects of alcohol. However, if the vehicle was inoperable at the time of the alleged offense, the defense of inoperability may be invoked.

The second element pertains to the defendant's impairment due to the consumption of alcoholic beverages, a chemical substance, or a controlled substance. This impairment can be demonstrated in two ways: either by showing that the defendant's normal faculties were impaired, or by establishing that their blood or breath-alcohol level exceeded the legal limit of .08 grams of alcohol per 100 milliliters of blood or 210 liters of breath.

To determine impairment of normal faculties, the police often administer field sobriety exercises. These tests are designed to detect any minor slip, slur, or misstep that may indicate impairment. Although officers claim that these exercises are not pass/fail, they are trained to scrutinize any perceived mistakes made by the defendant.

The term "normal faculties" encompasses a wide range of abilities, including but not limited to vision, hearing, mobility, speech, judgment, driving skills, decision-making in emergencies, and the performance of various mental and physical tasks in our daily lives. It may seem incredulous, but the police rely on these roadside assessments to determine a person's impairment. Furthermore, it is important to note that any actions or statements made by the defendant while in the back of the patrol car, including falling asleep, are recorded and can be used as evidence against them during trial.

Finally, the State must prove that the driver caused or contributed to causing damage to the property. This can be any property, including the defendant's own vehicle.

Mounting a DUI defense demands in-depth technical expertise and litigation skills. It stands as one of the most diverse areas of legal practice, encompassing challenges related to technology, procedural intricacies, and legal principles—each contingent on the revelations during the discovery process.  To narrow down potential defenses in your specific case, consider scheduling a consultation with one of our experienced DUI lawyers in Fort Lauderdale. Our services extend to clients in Broward, Miami-Dade, and Palm Beach County 

After your arrest, the officer will confiscate your driver’s license and issue you a 10-day driving permit. If no action is taken during this period, your driver’s license will face suspension based on whether you took the breath test or refused it:

Breath Test: If you took the breath test and registered a blood alcohol concentration (BAC) above 0.08, your Florida driver’s license will be suspended for six months, with a mandatory 30-day hard suspension.

Refused Testing: If you declined to take the breath, blood, or urine test, your Florida driver’s license will be suspended for twelve months, with a mandatory 90-day hard suspension.

Option 1: Fighting an Administrative Suspension after a First DUI

Your first option is to, within ten (10) days, request a Formal Review of the suspension. By making this request, you will be granted a 42-day driving permit, allowing you to continue driving while your attorney fights against the suspension.

If successful in the hearing, the suspension will be completely removed from your driving record, as if it never occurred. However, if the hearing officer upholds the suspension, your hard suspension period will commence.

Option 2: Waiving Formal Review and Requesting Review for Hardship License Eligibility

In certain circumstances, you may choose to waive the formal review hearing and instead request a hardship license following a DUI arrest in Florida. A hardship license provides limited driving privileges for essential purposes, such as work, school, medical appointments, or grocery shopping.

To obtain a hardship license, you must complete the necessary paperwork and submit it to the Florida Department of Highway Safety and Motor Vehicles (DHSMV). It’s crucial to note that eligibility requirements and procedures may vary, so consulting with an experienced DUI attorney is highly recommended to navigate this process effectively.

Your attorney can guide you through the application process, assist in gathering the required documentation, and present a compelling case to increase your chances of obtaining a hardship license. They will advocate for your needs and work towards securing the best possible outcome for your situation.

Keep in mind that a hardship license is not immediately available after a DUI arrest. There may be a waiting period or other conditions that must be met before you can apply. Understanding the specific requirements and adhering to the necessary steps is crucial to ensure a smooth and successful application process.

A DUI with Property Damage is punishable as a first-degree misdemeanor, but it carries a unique set of penalties that are not imposed for other types of misdemeanors. 

The following are potential penalties for a DUI with Property Damage conviction (first DUI conviction):

1. Jail Time or Incarceration: For a DUI with Property Damage, the maximum possible incarceration is one (1) year. 
2. Terms of Probation: You may be placed on probation for up to twelve (12) months. However, the total period of probation and incarceration cannot exceed 12 months.
3. Community Service: You are required to complete at least 50 hours of community service. In some cases, the court may allow you to buy out a portion of the community service hours at a rate of $10 per hour.
4. Fine: The fine for a DUI with Property Damage in Florida ranges from $500 to $1,000. If your BAL is .15 or higher or if there was a minor in the vehicle, the fine is not less than $1,000, and can go up to $2,000.
5. Driver License Revocation Period: Your driver's license will be revoked for a minimum of six (6) months and a maximum of twelve (12) months. This revocation period is in addition to any administrative suspension imposed after the arrest.*
6. Vehicle Impoundment or Immobilization: Unless your family has no other means of transportation, the Court must impose ten (10) days of vehicle immobilization. This cannot be served concurrently with the jail term.
7. DUI School: You must complete a Level I twelve (12) hour class, which includes a substance abuse evaluation. Additionally, any recommended follow-up treatment must be completed before seeking hardship reinstatement. Failure to complete DUI school within 90 days after reinstatement will result in license cancellation.
8. Substance Abuse Evaluation and Recommended Treatment: As stated above, after completing DUI school one can be expected to undergo an evaluation and then complete any recommended treatment. The DMV will not consider you to have completed DUI Level I school without this. Some jurisdictions also make it a condition of probation.
9. Ignition Interlock Device: Unless ordered by the Court, an ignition interlock device is not required. However, if your BAC was .15 or higher or if there was a minor in the vehicle, the Court is obligated to order the device for six (6) months.
10. Victim Impact Panel (VIP): This is not mandatory, but just about every jurisdiction now tacks this course on. It is founded by the Mother's Against Drunk Driving (MADD) and they have convinced many jurisdictions to impose this extra condition.
11. No Alcohol or Intoxicant(s) with Random Alcohol or Drug Screening: While on probation one can expect to be subject to random screening at their expense.
12. Restitution: If there is damage to the property of another, they are entitled to be restored. This may be ordered as a condition of probation or separate. Restitution can be tricky and occasionally the amount needs to be litigated before the judge. This has nothing to do with any civil lawsuits which may be generated by the accident.

If you have been arrested for a DUI with Property damage offense in Fort Lauderdale or South Florida it is crucial to consult with a South Florida DUI lawyer at The Law Office of Sean Clayton, PA. They can provide guidance based on the specific details of your case and help you navigate the legal process to minimize the typical penalties.

* Business Purposes Only or Employment Purposes Only Reinstatements: If you want to reinstate your driving privileges for business or employment purposes, you must complete DUI school and apply for a hearing for possible hardship reinstatement.

For CDL holders, pleading guilty or no contest to a DUI in a non-commercial vehicle results in a one-year administrative disqualification as a consequence of the first DUI plea. A second or subsequent DUI conviction will permanently render the driver ineligible to operate a commercial motor vehicle.

During the disqualification period for driving a commercial motor vehicle, there are no provisions for obtaining a hardship license to operate any type of commercial vehicle, whether it’s for business purposes or employment.