DUI With Property Damage
Any offense that is related to driving under the influence of drugs or alcohol will bring with it enhanced penalties and sentencing. Property damage comes with its own sanctions, but add a DUI allegation to the charge, and you could be facing many severe penalties including jail, fines, driver's license suspension and probation, among others.
This type of charge is a complicated one, with many different elements involved. Considering the inherent complexity, it is vital that a DUI property damage accusation be met with a strong challenge by a professional and capable defense attorney who can effectively dispute the charges. With the help of a qualified DUI attorney, you will have the opportunity to refute the allegations and work towards a resolution that allows you to move on with your life.Jacksonville DUI With Property Damage Attorney
During the criminal procedure, even small mistakes made by the defense or prosecution could have wide-ranging effects on the eventual outcome. The burden of developing an accurate and defensible position lies squarely on the attorney representing the accused. If they are not able to adequately perform their role, your chances for successfully refuting or reducing the charges levied against you will be much lower.
Fortunately, you have a fiercely committed advocate in William Roelke. As an experienced Jacksonville DUI lawyer, William has been representing individuals throughout Northeastern Florida for many years and has achieved a great deal of success verdicts throughout his career. He is dedicated to protecting the rights of his clients while also proactively seeking out every important aspect and element of their case.
This aggressive and detail-oriented approach leaves no stone unturned and allows William to analyze all factors while developing a defense strategy that makes it difficult for prosecutors to prove wrongdoing. In addition to providing comprehensive representation, Roelke Law also strives to be a cost-effective legal option for all clients during a time that could stretch your finances very thin.
William and staff proudly represent individuals and families dealing with DUI-related allegations throughout the Florida cities of Jacksonville, Jacksonville Beach, Baldwin, St. Augustine Beach, Green Cove Springs, Keystone Heights and Hilliard, among others.
To prove their commitment to those they serve, Roelke Law also provides free and confidential initial consultations. This allows you to have a no-obligation discussion about the details of your DUI property damage case with an attorney who can provide feedback and options. To schedule a time to meet with William Roelke, call (904) 354-0333 or send an online message.
DUI With Property Damage under Florida Law
The laws regarding DUI with property damage can be found in the Florida Statutes. According to Fla. Stat. § 316.193(3): An individual can be charged with this offense if they:
- Operate a vehicle, are driving a vehicle, or are in actual physical control of a vehicle;
- They caused or contributed to causing damage to the property of another person or injury to another person;
- They are under the influence of an alcoholic beverage, chemical substance or controlled substance and their normal facilities are impaired,
- They have a blood alcohol concentration (BAC) of .08 grams or more of alcohol per 100 milliliters of blood, or
- They have a breath alcohol level of .08 or more grams of alcohol per 210 liters of breath.
- A DUI with property damage is considered a misdemeanor of the first degree, which is the most serious misdemeanor classification the state employs.
If convicted, the possible sentence includes:
- Up to one year in jail and / or a fines of no more than $1,000; along with the possibility for
- Community Service
- Drivers license suspension
- Ignition interlock device
- Driver/alcohol awareness program
Proving DUI Property Damage
Simply being charged with a DUI with property damage offense does not mean that you have been convicted. It is the role of the prosecution to prove beyond a reasonable doubt that you are guilty of the allegations.
There are three elements that must be proven in order to reach a guilty verdict and convict the defendant:
- The defendant drove or was in actual physical control of a vehicle.
- While driving or in actual physical control, the defendant was under the influence to the extent that his or her normal faculties were impaired and / or had a BAC of .08 or higher.
- As a result of operating the vehicle, the defendant caused or contributed to causing damage to the property of the victim or party.
There are many defense strategies that can be employed to dispute the allegations and disprove the elements listed above. Some examples are include:
- Evidence of an illegal stop
- Improper observation or testing by an officer
- Errors in law enforcement documentation
- Constitutional or procedural violations
Roelke Law, P.A. | Duval County Property Damage DUI Arrest Lawyer
If you or a loved one has been charged with driving under the influence with property damage in Florida, now is the time to align yourself with qualified and experienced legal counsel. With all there is to lose, an attorney who is well-versed in Florida DUI law and courtroom procedures can tip the balance between jail time and freedom.
Roelke Law, P.A., a Jacksonville legal practice, has been helping residents of Greater Jacksonville for many years and will continue to do so for as long as its doors are open. The firms strict adherence to protecting constitutional rights while making certain that you are treated in a fair and just manner during the criminal process has allowed the practice to develop a strong track record of courtroom success. Every case is different, and William Roelke will tailor his defense strategy to suit your individual needs.
As a Northeastern Florida firm, Roelke Law is a strong choice for residents and families throughout Duval County, St. Johns County, Clay Count and Nassau County. This includes the cities of Orlando, Atlantic Beach, Neptune Beach, St. Augustine, Orange Park, Penney Farms and Fernandina Beach, among others.
To schedule a risk-free consultation to go over the specifics of your DUI with property damage case with a qualified lawyer, please call (904) 354-0333 or send an online message today.