Last updated November 2025
A DUI arrest is serious on its own — but when an accident is involved, the stakes get much higher. In Florida, a DUI with property damage, injury, or death can lead to enhanced penalties, felony charges, and lasting consequences for your record.
Here’s what you need to know if you’re facing a DUI with accident charge in Florida.
π Florida Law on DUI with Accident
Under Florida Statute §316.193, penalties for DUI increase when an accident causes:
π Property damage or minor injury β First-degree misdemeanor, up to 1 year in jail, $1,000 fine.
π Serious bodily injury β Third-degree felony, up to 5 years in prison, $5,000 fine.
βοΈ Death (DUI manslaughter) β Second-degree felony, up to 15 years in prison; 30 years if leaving the scene.
π¨ Enhanced Penalties After a DUI with Accident
Longer license suspensions
Higher fines
Mandatory ignition interlock in some cases
Possible prison time, even for first offenders
Restitution for property damage or medical bills
π‘οΈ Defenses in DUI Accident Cases
A skilled DUI defense lawyer can challenge:
The stop or arrest β Did police have probable cause?
Causation β Did alcohol/drugs actually cause the crash, or was there another factor (weather, other driver)?
Testing accuracy → Errors in breath, blood, or urine collection or analysis.
Chain of custody β Mishandled evidence can weaken the Stateβs case.
Constitutional violations β Illegal searches, Miranda issues, or rights violations.
π Why Legal Representation Matters
Prosecutors treat DUI accident cases aggressively. Having a Fort Lauderdale DUI lawyer means you have someone to:
Gather accident reconstruction experts
Subpoena medical and toxicology records
Negotiate reduced charges or diversion where possible
π Facing a DUI with Accident Charge in Florida?
Your freedom and license are on the line. Don’t face enhanced DUI charges without a defense strategy.
π Contact an experienced Fort Lauderdale DUI lawyer today.
Florida DUI Accident FAQs: Penalties & Defenses
βπ What happens if I get a DUI with property damage in Florida?
It’s a first-degree misdemeanor, punishable by up to 1 year in jail and $1,000 fine.
βπ What if someone is seriously injured?
That becomes a third-degree felony, with up to 5 years in prison and a $5,000 fine.
ββοΈ Is DUI manslaughter always a felony?
Yes. DUI causing death is a second-degree felony, upgraded to first-degree if you leave the scene.
βπ‘οΈ Can causation be challenged?
Yes. If impairment wasn’t the actual cause of the accident, we can fight for reduction or dismissal.
βπ Will my license be suspended after a DUI with accident?
Almost certainly, but we may be able to fight it at a DHSMV hearing within the 10-day deadline.