If you been arrested for DUI with property damage in Tampa then contact the attorneys at Denmon Pearlman. Our team represents women and men charged with DUI and property damage in Tampa Bay.
Tampa DUI attorney for cases involving property damage
An arrest following a DUI related accident property damage has several unique concerns including:
- Personal Injury Claim Concerns: After an accident many people who have caused the rack are concerned that the other driver and/or other passengers may make a personal injury claim. Personal injury attorneys in Tampa will take these cases on a contingency fee basis to represent injured parties. Once a claim has been open for personal injury it potentially exposes the driver who caused the accident to financial liability for any of the injuries sustained.
- Heightened penalties: The law in Florida adds additional penalties when there is property damage in a DUI case. The rationale makes sense: if you are arrested for a DUI related offense but nobody’s been hurt, or no properties been damaged it makes sense that you’ll have less penalties than if you’re involved in a DUI related offense and you’ve caused an accident this hurt somebody’s property.
Understanding the Elements of a DUI with Property Damage
Start by understanding what the prosecutors in Florida need to prove to get a conviction if you have been accused of the crime of driving under the influence with property damage.
The state of Florida must prove:
- That you are driving or had actual control over the vehicle;
- That because you operated the vehicle you caused or contributed to causing injury to another or the damage to the property of another;
- While you are driving or an actual physical control of the vehicle you either:
- Were under the influence of alcohol, a chemical substance, or a controlled substance such that your normal faculties were impaired; or
- You had a breath alcohol level of .08 or more grams of alcohol per 100 mL of blood or 210 L of breath.
Understanding the Enhanced Penalties for DUI with Property Damage
The courts required under statute to impose enhanced penalties if one of the following two are proven:
- There is property damage to the vehicle.
- That you had a blood or breath alcohol level of .15 or higher while driving or an actual physical control the vehicle
- That you had a minor in the vehicle with you.
It’s also common for the court to make you pay restitution to help offset the costs that the other driver has because of the DUI you cause. For example, if the other driver was uninsured and suffered $5000 with the damage to the vehicle then you may be on the hook for those $5000 with the damages of your insurances and can pay the differential.
DUI with Property Damage and Hit-and-Run Cases
We found in our firm that many DUI with property damage cases have attached hit-and-run cases as well. The technical charges leaving the scene of accident. The problem is that these leaving the scene of the accident charges create an entirely another method for the state attorney to try to get a conviction against you. Often, it’s like a shotgun approach where if there are multiple charges and the state attorney can hang their hat on convicting you on any one of them to get their penalties. We found that with multiple charges in these cases it’s even that much more important for us to begin our defending the cases early on.
Contact US For Help With Your Property Damage DUI In Tampa
Our firm simply has more experience with DUI property damage cases than any other firm in the Tampa area.
Our lead crime attorney Lee Perlman has tried more than 100 DUI cases to trial many of those property damage DUI claims in the Tampa area. The number of cases he himself is represented is more than a thousand.
We offer free consults to those accused property damage DUI cases in all forward Tampa Bay area office. We also offer free phone consults directly with one of our DUI attorneys.