DUI with property damage
Florida Statute § 316.193(3)(c)1
Summary verified against the 2026 Florida Statutes: October 1, 2026.
Quick Summary
This track requires a DUI violation, operation of a vehicle, and damage to another person's property or person caused or contributed to by that operation. Establish DUI through impairment or the statutory alcohol-level alternative and separately document operation, the damage/injury, and causation. The statute does not require that impairment itself be the sole cause. Serious bodily injury or death belongs in the corresponding enhanced track; merely being in actual physical control without operation does not satisfy this damage enhancement.
Summary sources
Classification, Points & Penalties
Classification, Points & Penalties
- Category
- DUI
- Type
- Criminal Traffic
- Civil / Criminal
- Criminal
- Offense Classification
- Misdemeanor
- Degree
- 1st Degree
- Points
- 0
- Fine / Penalty
- Court determined; statutory mandatory minimums/surcharges may apply
Base fines are not the total payable amount. Costs, enforcement method, crash consequences, prior history, and court disposition can change penalties or points. A reported zero does not rule out license suspension or revocation.
Court & Enforcement
Court & Enforcement
- Mandatory Court
- Yes
- NTA Eligible
- Potentially — Rule 3.125; subject to exceptions and traffic-specific procedure
- Custodial Arrest
- Yes — NTA may be an alternative when legally/procedurally authorized
NTA means notice to appear. Eligibility is conditional; these fields do not independently authorize arrest. Confirm the exact statutory track, lawful arrest authority, traffic procedure, and agency policy.
Arrest authority guideCivil infractions resulting in death or serious bodily injury require a hearing under §318.19.
Offense Guidance
Offense Guidance
Establish driving or actual physical control of a vehicle in Florida plus either impairment of normal faculties by alcohol, specified chemical substances, or controlled substances, or a blood/breath alcohol level of at least 0.08 in the statutory units. Record control of the vehicle, observations, and properly obtained test evidence. A 0.15 level, a passenger under 18, qualifying prior convictions, or resulting damage/injury can change the penalty or offense level. Alcohol consumption alone does not establish impairment; impairment is not required for the alternative 0.08 theory.
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