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DUI With Property Damage

The media often depicts driving under the influence as someone so drunk they can barely function causing a major car accident with multiple deaths. This is, understandably, met with serious, life-long consequences. But in the real world, most DUIs aren’t nearly so severe. 


Generally speaking, an average DUI involves a first-time offender with a blood- or breath-alcohol level barely over the legal limit. With no collateral damage to person or property, this is a simple misdemeanor, punishable by no more than 6 months in prison and a fine ranging from $500 to $1,000. 


Even second-time offenses are only punishable by up to 9 months in prison and a $1,000 to $2,000 fine. It’s also possible to avoid consequences at all with a pre-trial diversion program. 


But what happens when a DUI does result in damage to person or property? These kinds of incidents are where the consequences start to get serious. If you or someone you love have been accused of driving under the influence, contact Will Hanlon with Hanlon Law today to schedule a free consultation. 


What is DUI with Property Damage?


Just like the name suggests, a DUI with property damage is simply a case of someone under the influence of drugs or alcohol who causes some kind of damage to person or property while driving. 


“Damage to person or property” is also just what it sounds like: any damage whatsoever, even the tiniest of scratches or marks, to a person (including the driver) or property (including the driver’s own vehicle).  DUI with property damage is charged as a first-degree misdemeanor for a first-time offense, and is punishable by up to 12 months in prison and a $1,000 fine. 


There are, however, certain aggravating factors that can result in increased sentencing: 


  • Blood- or breath-alcohol level of 0.15 or higher
  • A minor (someone under the age of 18) in the car at the time of the DUI
  • A second or subsequent offense


In addition to fines and prison time, those convicted of a DUI with property damage may also be responsible for paying restitution. Restitution is a monetary amount deemed equivalent to the damage caused during the DUI, repaid to the person who was damaged, or the person who owns the property that was damaged. 

It’s important to note that while damage to property has no limit, and includes everything from scratching someone’s mailbox to totalling someone’s car, damage to a person does have a limit. The limit is when the damage to a person reaches the point of “a physical condition that creates a1 substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.” In this case, the charge escalates from a DUI with property damage to a DUI with serious bodily injury, which comes with more severe consequences. 


How to Defend Against DUI with Property Damage Charges


Despite the potentially bleak outlook, there are a variety of strategies an experienced criminal defense attorney might suggest to secure a favorable outcome, the largest of which is lack of causation. Most DUI with property damage cases involve a car accident where you are discovered to be under the influence only after first responders have arrived on the scene. In order for you to be charged with a DUI with property damage, your driving under the influence has to have actually caused the damage in question. So, if your attorney can show that you were not, in fact, at fault for the accident, you can only be charged with a simple DUI. 


Lakeland Criminal Defense Lawyers 


Regardless of the collateral damage involved, DUI cases are often met with stigma from law enforcement officers, prosecutors, juries, and judges alike. That’s why it’s vital, no matter the circumstances, to retain an experienced defense attorney as soon as possible to advocate on your behalf. Will Hanlon with Hanlon Law has nearly two decades of experience in the courtroom. With his expertise and our dedicated legal team, we’ll help you consider all your options and choose the best possible defense. Contact our office today to schedule a free consultation.

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