One of the most commonly charged criminal offenses throughout the State of Florida is Driving Under the Influence. As a busy criminal defense firm, we see many different situations where our clients are arrested for DUI. Most commonly, people are pulled over after a police officer claims that he or she committed a traffic infraction. Sometimes, the officer makes the traffic stop based on their belief that a person’s driving pattern indicates that they are under the influence of alcohol or controlled substances. However, there is on other instance where people are commonly investigated for DUI offenses: car accidents.
People who have been involved in car crashes resulting in DUI arrests commonly believe that their case is inherently worse than those of people who are simply pulled over and investigated during traffic stops. This mindset probably arises from the common thought that impaired drivers are much more likely to be involved in, and to cause, traffic accidents. However, the DUI statutes, in conjunction with laws dictating how traffic crash investigations are to be conducted, actually make crash DUIs far more complicated for police to investigate. Whenever there are complications, defense lawyers can create problems for the state and help your case. If you have been charged with a DUI involving a crash, do not hesitate to contact a dedicated Sarasota criminal defense lawyer right away.
Elements of DUI With Property DamageDriving under the influence with property damage is prohibited under Florida Statute 316.193. Under the terms of the law, a person is considered guilty of DUI property damage if the state can prove that the person is driving or in actual physical control of a vehicle within the state and at the time, the person is under the influence of alcoholic beverages, any chemical substance or any controlled substance. If the state can also prove that, in while operating the motor vehicle, the driver caused or contributed to causing damage to someone else’s personal property, then they can obtain conviction for DUI property damage. DUI property damage comes with its own set of unique penalties and problems. A normal DUI is a misdemeanor with a maximum punishment of 180 days in jail. A DUI with property damage is treated as a first degree misdemeanor carrying a more severe maximum penalty of 354 days jail. Anyone convicted of DUI with property damage will also be on the hook for restitution. Restitution is the repayment of any damaged caused by a person’s criminal act. Because of the potential serious penalties facing those charged with DUI with property damage, anyone facing such charges should contact a dedicated Sarasota DUI defense lawyer right away.
DUI property damage cases raise unique issues that defense lawyers can utilize in your defense. Typically, when a person is pulled over and investigated for a DUI, police are permitted to question the suspect and even have them do field sobriety exercises without ever needing to read Miranda warnings or otherwise advise them of any of their legal rights. This changes when an accident is involved. Due to a unique Florida Law that requires people involved in accidents to give their account to a police officer investigating the crash, and the conflict with the same person’s Fifth Amendment right to remain silent, officers are required to read Miranda warnings to defendants involved in crashes who are being investigated for DUI charges. This nuance allows skilled Sarasota DUI lawyers to identify issues in their clients cases that can be used to secure better results.
Speak to Our Lawyers TodayThe attorneys at Hanlon Law have handled thousands of DUI cases and achieved excellent results for their clients. We utilize that extensive experience to leverage desirable results for our new clients. To learn what we can do to achieve your desired outcome on your case, call us today for a consultation at 941-462-1789.