Last updated February 2026
A DUI arrest is serious on its own. When an accident is involved, the consequences can escalate quickly — including enhanced penalties, felony charges, and long-term damage to your record.
But a DUI with an accident is not automatic guilt. In Florida, enhanced charges only apply if the State can prove both impairment and causation. When either element is weak, these cases often become far more defensible than they initially appear.
This page explains how Florida treats DUI accident cases, what the State must prove, and where defense opportunities commonly arise.
⚖️ Florida Law on DUI With an Accident
Florida DUI law allows increased penalties when an accident results in:
Property damage
Injury
Serious bodily injury
Death
However, enhanced charges are not triggered simply because a crash occurred.
To sustain a DUI-with-accident charge, the State must prove:
You were impaired or over the legal limit, and
That impairment actually caused the accident
If impairment did not cause the crash — or if the evidence of impairment is unreliable — enhanced penalties may not apply.
⏱️ Why DUI Accident Cases Are Often More Defensible
Accident scenes are chaotic. Drivers are injured. Medical treatment intervenes. Testing is delayed. These factors frequently undermine the reliability of the State’s evidence.
Common defense leverage points include:
Delayed chemical testing after transport or treatment
Medical intervention, including IV fluids or medications
Shock, trauma, or injury affecting observations
Multiple potential causes of the crash (road conditions, other drivers, mechanical issues)
In many DUI accident cases, test results reflect a later point in time — not the moment of driving — creating serious proof problems for the prosecution.
🚨 Penalties That May Apply After a DUI With an Accident
Effective defense strategy focuses on the weakest links in the State’s case.
The severity of these consequences is governed by Florida’s DUI penalty structure, which increases significantly when accidents, injuries, or death are alleged.
🚔 Probable Cause and Arrest Legality
Did officers have lawful grounds to escalate from a crash investigation into a DUI arrest?
🧪 Testing Reliability
Was chemical testing delayed, compromised, or affected by injury or treatment?
⚠️ Causation
Did alcohol or drugs actually cause the accident — or did another factor explain the crash?
🧾 Chain of Custody
Were blood or urine samples handled, stored, and documented correctly?
🧑⚖️ Constitutional Issues
Were your rights violated during questioning, testing, or evidence collection?
When key evidence is suppressed or discredited, DUI accident cases frequently collapse or resolve as reduced charges.
🌟 Why DUI Accident Cases Require Early, Strategic Defense
Prosecutors pursue DUI accident cases aggressively — especially when injuries are involved. Early legal action allows defense counsel to:
Preserve crash-scene evidence and video
Subpoena medical and toxicology records
Retain accident reconstruction experts
Challenge testing assumptions before they harden into the State’s theory
Waiting limits options. These cases are often won or lost before trial ever begins.
These issues are central to how chemical evidence is evaluated in Florida, particularly when testing occurs long after driving due to injury, transport, or medical treatment.
📍 Facing a DUI With an Accident Charge in Florida?
A DUI accident charge does not automatically mean a conviction or maximum penalties. Outcomes depend on whether the State’s evidence holds up — particularly on impairment and causation.
If you’ve been charged with DUI after an accident in Florida, early review of the evidence is critical.
Contact an experienced Fort Lauderdale DUI lawyer to understand your exposure and your defense options before permanent decisions are made.
❓ Frequently Asked Questions: DUI With an Accident in Florida
What happens if I get a DUI with property damage?
It is typically charged as a first-degree misdemeanor, but enhanced penalties apply only if impairment caused the damage.
What if someone was injured?
DUI with serious bodily injury is a felony. The State must still prove causation.
Is DUI manslaughter always a felony?
Yes. DUI causing death is a felony, with significantly increased penalties.
Can causation be challenged?
Absolutely. If impairment did not cause the accident, enhanced charges may not apply.
Will my license be suspended after a DUI accident?
Almost always — but you may challenge the suspension through a DHSMV hearing if you act within 10 days.