DUI defense

DUI With Property Damage or Injury

A DUI after a crash raises the stakes. Depending on the damage or injury, the charge can be a misdemeanor or a felony, and DUI manslaughter carries a 4-year minimum mandatory sentence.

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Three levels of charge

ChargeWhat the State must showDegree and maximum
DUI with property damage or injuryDUI that caused or contributed to damage to another person’s property or personFirst-degree misdemeanor, up to 1 year
DUI with serious bodily injuryDUI that caused serious bodily injury to another personThird-degree felony, up to 5 years
DUI manslaughterDUI that caused the death of a personSecond-degree felony, up to 15 years, with a 4-year minimum mandatory; first-degree felony in some cases

DUI manslaughter is a first-degree felony if the driver knew or should have known of the crash and did not give information and render aid, or has a prior conviction for DUI manslaughter or vehicular homicide.

Causation is the battleground

The State must prove more than a crash and a DUI. It must prove that the DUI caused or contributed to the damage or injury. Accident reconstruction, the other driver’s conduct, road conditions, vehicle data and video all matter. So do the usual DUI questions: whether the officer had grounds to investigate, how field sobriety exercises were done after a crash, and whether a blood or breath test was taken and handled by the rules.

Statements at the scene

After a crash, Florida’s crash report privilege generally protects statements a driver makes to an officer for the purpose of completing the crash report. Once the officer switches to a criminal investigation, statements can be used. Whether and when that line was crossed is often a key issue. Talk to a lawyer before giving any further statement.

Cases Adam has handled

Several of Adam’s published case results involve DUI with property damage or injury, including charges reduced to reckless driving without a license suspension, a property damage charge dismissed before trial, and a not guilty verdict at jury trial. Every case is different, and those results do not predict yours; see the case results disclaimer.

Your license

A crash case still starts the 10-day clock for your license if the officer issued a notice of suspension. A DUI manslaughter conviction brings a permanent revocation.

Call now

If you or a family member were arrested after a crash, call Adam at (954) 294-9372, day or night.

DUI Defense

More on DUI defense

DUI Defense overview

The 10-Day Rule

After a DUI arrest in Florida you have only 10 days to protect your driver license.

DUI Penalties

Florida's legislature has set minimum mandatory penalties for DUI, and they increase with a second or later conviction, a high breath result, a minor in the car, or a crash.

After a DUI Arrest

Most people are not prepared for the feeling in the pit of the stomach when a police cruiser appears behind them with its lights on.

Pulled Over for DUI

If a police officer stops you on suspicion of DUI, there are some guidelines you should follow.

Breath Test Refusal

Refusing a breath test in Florida has real consequences for your license and, since October 1, 2025, can be a separate crime even on a first refusal.

Case results

Past results in DUI cases

All case results

Charge Reduced

DUI

Defendant was stopped for driving on the wrong side of the road and running a red light. The officer smelled the odor of alcohol, observed blood shot/watery eyes and slurred speech. Following the field sobriety exercises, the defendant was arrested and charged with DUI. Attorney Adam Harmelin negotiated a plea where the State reduced the charge to a Reckless Driving with no conviction. The defendant did not lose his license and was only ordered to pay court costs. (DC)

Charge Reduced

DUI

Defendant was stopped for speeding. The officer smelled the odor of alcohol, observed bloodshot watery eyes and slurred speech. Defendant refused to perform field sobriety exercises as well as the breath test. Once arrested, the Defendant threw up in the presence of law enforcement. The Defendant’s passenger told the officer that the Defendant was not ok to drive and admitted that he should not have gotten into the car with him. Prior to trial, Attorney Adam Harmelin filed a Motion to Suppress/Exclude Evidence which was granted by the Court. On the morning of trial, the State agreed to reduce the charges to Reckless Driving without a conviction and without a driver license suspension. (JG)

Charge Reduced

DUI PROPERTY DAMAGE

Defendant was involved in a motor vehicle accident wherein the accident investigation revealed that she was at fault. Responding officers made observations of the Defendant consistent with impairment. Defendant was offered the opportunity to participate in field sobriety exercises which she attempted, but then refused to complete. Defendant admitted to consuming alcohol as well as prescription medication. Prior to trial, Attorney Adam Harmelin was able to negotiate a reduction in charge from DUI property damage to Reckless Driving with no driver license suspension. (CD)

Every case is different, and past results do not predict the outcome of any other case. Read the case results disclaimer.

Attorney Adam D. Harmelin

Your attorney

Adam D. Harmelin

Adam has devoted his legal career to defending people arrested and charged with crimes, and has defended thousands of people throughout Florida. He lists his cell phone on his business card and website, and takes calls during business hours, nights, weekends and holidays.

  • B.A. with honors, University of Florida, 1994
  • J.D., University of Miami School of Law, 1997
  • Admitted to The Florida Bar, 1997
  • U.S. District Court, Southern District of Florida
More about Adam Call (954) 294-9372

Talk to Adam about your case

Call now to speak directly with attorney Adam Harmelin. He takes calls during business hours, nights, weekends and holidays.

Call Adam: (954) 294-9372 Free case review
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