Facing a DUI with property damage in Florida can be overwhelming, especially when an accident results in vehicle, home, or business damage. These cases carry serious penalties—and understanding the difference between misdemeanor and felony DUI charges is critical. If your arrest occurred in Miami, Fort Lauderdale, or West Palm Beach, act quickly to protect your rights. Learn more about defense options on our Florida DUI Defense page or read our detailed guide on First-Time DUI Arrests in Florida. For official references, see Florida Statutes Chapter 316.
Every DUI property damage case involves two key facts: you were allegedly driving under the influence, and your actions caused property damage. “Property” covers more than vehicles—it can include mailboxes, fences, homes, landscaping, or public structures. If your crash in Broward County damaged another person’s belongings, that’s enough for prosecutors to pursue a DUI with property damage charge.
| Element | What Prosecutors Must Prove |
|---|---|
| Impairment or Excessive BAC | Driver’s BAC was 0.08% or higher, or normal faculties were impaired. |
| Operation of Vehicle | Defendant was in physical control of the vehicle at the time of the crash. |
| Property Damage | Tangible damage occurred to another person’s property. |
| Causation | The driver’s impairment caused or significantly contributed to the damage. |
For a closer look at criminal charges and DUI defense strategies, visit our Criminal Defense page.
Most DUI with property damage cases start as first-degree misdemeanors, punishable by up to 12 months in jail and a $1,000 fine for a first offense. However, the charge can escalate to a felony depending on the circumstances. Prosecutors may seek harsher penalties if the case involves:
| Offense Type | Charge Level | Maximum Penalty |
|---|---|---|
| Property damage only | First-degree misdemeanor | Up to 1 year in jail, $1,000 fine, probation up to 12 months |
| Serious bodily injury | Third-degree felony | Up to 5 years in prison, $5,000 fine, extended license revocation |
| Prior DUI convictions | Enhanced misdemeanor or felony | Harsher penalties, longer incarceration, and increased fines |
Learn more about enhanced penalties on our Repeat DUI Offenses in Florida resource page.
Whether misdemeanor or felony, a conviction for DUI with property damage carries life-changing consequences. These include:
Repeat offenders and cases involving high-value property damage often face harsher sentencing. You can review official penalty guidelines through the Florida Department of Highway Safety and Motor Vehicles and the Florida Sentencing Guidelines Chart (PDF).
If you’ve been arrested for DUI with property damage in Florida, take immediate action to preserve your rights and protect your license. Here’s what to do:
For help rebuilding your record, see our Driver’s License Restoration page or contact us directly to discuss your defense strategy.
At Mayersohn Law Group, we understand how quickly a DUI with property damage can escalate. Our experienced Fort Lauderdale Criminal Defense Attorneys know what it takes to challenge these charges and protect your freedom, license, and future.
Legal References: Florida Statutes §316.193 (DUI Penalties) • Florida Highway Safety and Motor Vehicles • Florida Sentencing Guidelines (DOC).
