Driving under the influence of alcohol or drugs (DUI) and unlawfully leaving the scene of an accident (Hit-and-Run) are two separate and distinct criminal offenses under Florida law. Most often, each of these offenses is filed individually.
However, sometimes a driver is charged with both DUI and Hit-and-Run stemming from the same incident. In other words, a drunk driver was involved in an accident and left the scene without exchanging legally required information and/or offering aid to injured victims. The commission of a DUI Hit-and-Run by a Florida driver usually causes the case to be prosecuted more aggressively by law enforcement and requires a highly skilled and experienced criminal defense attorney to fight for the driver’s legal rights.
At Stechschulte Nell, Attorneys at Law, one of our principal founding members is a highly experienced former DUI prosecutor whose years of experience handling these highly technical cases enables him to have valuable insight into the prosecution’s priorities and strategies. As one of the very few board-certified criminal defense lawyers in Florida, Attorney Ben Stechschulte’s mastery of DUI law and courtroom procedure leads to effective DUI defense representation for each client. If you are charged with DUI, Hit-and-Run, or DUI Hit-and-Run in Florida, contact Stechschulte Nell in Tampa today.
Defining DUI Hit and Run
In Florida, DUI hit and run, also known as leaving the scene of an accident involving DUI, occurs when an individual operating a motor vehicle under the influence of alcohol or drugs collides with another vehicle, property, or person, and then flees the scene without rendering aid or providing required information. This compound criminal offense increases the seriousness of both DUI and hit and run violations. Courts and prosecutors recognize DUI Hit-and-Run cases as involving a heightened danger and disregard for public safety.
Why do drivers leave the scene of accidents?
The relative rarity of DUI Hit-and-Run cases is due to the fact that a DUI prosecution requires the government to prove beyond a reasonable doubt that the alleged DUI driver was operating or in physical control of a motor vehicle while they either, a) had a blood alcohol concentration (BAC) level of 0.08 or higher, or b) were under the influence of alcohol, drugs, or another chemical compound to the extent that their normal faculties were impaired.
Typically, proof of those elements appears in the form of field sobriety tests, personal observations by the officer of the driver’s appearance and behavior, and by the results of chemical tests performed immediately after the alleged DUI occurred.
However, one common reason drivers flee the scene of an accident is because they suspect they may be driving under the influence. Rather than be discovered as a DUI driver, they flee and are not identified or located until after evidence of their alcohol impairment is reduced. As a result, they are often charged only with the Hit-and-Run.
Of course, drivers also leave the scene of accidents for other reasons. They may have a suspended license, an outstanding arrest warrant, the car may be stolen, or they may have illegal substances in their possession. Others may simply flee from suffering shock or fear caused by the accident.
Penalties for DUI Hit and Run in Florida
In Florida, the penalties for DUI hit and run are severe, reflecting the state’s commitment to deterring and punishing reckless behavior on the road. The specific penalties vary depending on the circumstances of the offense, including factors such as the extent of property damage, injury to others, and whether the defendant has any prior DUI convictions.
Penalties for DUI hit and run in Florida include:
Criminal Charges: DUI hit and run can be charged as a misdemeanor or a felony in Florida, depending on whether the accident damaged property alone or whether a person was injured or killed. If the accident resulted in serious bodily injury or death, the state would charge the case as a felony. Felony charges carry much harsher penalties, including the potential of years in prison, thousands of dollars in fines, and lengthy license suspensions.
This is the general range of DUI Hit-and-Run penalties under Florida law:
- Property Damage Only – 2nd Degree Misdemeanor (Up to 60 days in jail and a $500 fine)
- Injuries to Person –
- 3rd Degree Felony (Up to 5 years in prison and a $5,000 fine)
- 2nd Degree Felony (Up to 15 years in prison and a $10,000 fine)
- Death of Person – 1st Degree Felony (Minimum of 4 years I prison and up to 30 years in prison and a $10,000 fine)
NOTE: If the DUI Hit-and-Run accident resulted in the serious bodily injury or death of another person, the state might file charges of vehicular homicide or DUI manslaughter. Both of these offenses carry even more severe penalties.
License Suspension: Upon conviction for DUI Hit-and-Run, the defendant faces mandatory driver’s license suspension ranging from a minimum of six months to permanent revocation, depending on the severity of the offense and any prior DUI convictions.
Ignition Interlock Device: The court can require the installation of an ignition interlock device (IID) on each vehicle owned or regularly driven by a DUI Hit-and-Run defendant. This device prevents the vehicle from starting or continuing to operate if alcohol is detected in the driver’s breath.
Criminal Record: A conviction for DUI hit and run results in a permanent criminal record, which often has far-reaching consequences for the defendant’s current employment and new employment opportunities, housing, professional licensure, and other aspects of the driver’s life.
Restitution: In addition to jail, prison, fines and other penalties, the defendant will typically be ordered to pay restitution to the victims of the accident, compensating them for property damage, medical expenses, and other losses incurred as a result of the collision.
Read More > Florida DUI Manslaughter Penalties
Elements of DUI Hit and Run
To establish a DUI hit and run offense in Florida, prosecutors must prove the following elements beyond a reasonable doubt:
- Driving Under the Influence: The accused must have been operating a motor vehicle while impaired by alcohol or drugs, as evidenced by impaired driving behavior, blood alcohol concentration (BAC) testing results, or other corroborating evidence.
- Involvement in an Accident: The accused must have been involved in a traffic accident, either with another vehicle, pedestrian, or property, resulting in damage or injury.
- Failure to Stop or Provide Information: Following the accident, the accused must have willfully failed to stop at the scene of the crash or provide required information, such as their name, address, vehicle registration, and insurance information, to the other party involved.
- Intent to Flee: The failure to stop or provide information must have been intentional, demonstrating a conscious decision to evade responsibility for the accident.
Legal Defenses and Mitigating Factors
Despite the gravity of DUI Hit-and-Run charges, individuals accused of this offense have rights and legal options that can be optimized by working with an experienced DUI criminal defense lawyer. Effective legal defense strategies include, but are not limited to:
Challenging Evidence: Challenging the prosecution’s evidence offered to prove the defendant’s impairment, involvement in the accident, or intent to flee the scene often weakens the government’s case and creates reasonable doubt.
Negotiating Plea Bargains: In some cases, negotiating a plea bargain with prosecutors may result in reduced charges or lesser penalties, particularly for first-time offenders or those with mitigating circumstances.
Demonstrating Lack of Intent: Arguing that the defendant lacked the required intent to flee the scene, or that they were unaware of the accident because of confusion caused by their own injury can mitigate culpability.
Asserting Constitutional Rights: Protecting the defendant’s constitutional rights, including the right to due process, the right to remain silent, and the right to legal counsel, is paramount in mounting an effective defense against DUI hit and run charges.
Partner With Florida’s DUI Hit-and-Run Defense Law Firm
Facing DUI Hit-and-Run charges in Florida demands decisive and knowledgeable legal action. At Stechschulte Nell, we leverage our deep expertise in DUI defense to provide strategic, effective representation aimed at achieving the best possible outcomes. We understand the gravity of these charges and are committed to protecting your rights through every stage of the legal process. If you are dealing with the complexities of a DUI Hit-and-Run case, don’t face it alone.
Contact Stechschulte Nell Law today at 813-280-1244 to ensure that your case is handled with the skill and diligence it deserves.
