DUI Accidents in Florida: Property Damage and Injury Charges

A crash does not, by itself, prove DUI. But an allegation that impaired driving caused or contributed to damage or injury can change the charge and potential consequences. Florida separates DUI with damage to another person's property or person from DUI causing serious bodily injury.

Published September 25, 2026 by The Law Offices of Daniel D. Nawara, P.A.

How does damage or injury affect the charge?

Under section 316.193(3), a DUI violation combined with vehicle operation that causes or contributes to damage to another person's property or person is a first-degree misdemeanor. Serious bodily injury to another is a third-degree felony. A death raises separate DUI manslaughter provisions. The charging document and evidence determine what must be addressed in a particular case.

Other circumstances—including prior convictions, an elevated alcohol result, or additional alleged offenses—may affect exposure. A short online penalty chart cannot determine the sentence in an individual case.

What does the State have to connect to the crash?

The prosecution must prove the charged DUI elements and the required relationship between the vehicle's operation and the damage or injury. Disputes may involve who drove, when impairment allegedly existed, how the vehicles moved, and what caused or contributed to the collision. Injury classification can also be important.

A defense review should distinguish an officer's observations from conclusions, witness accounts from assumptions, and evidence of drinking from legally sufficient proof of DUI. The fact that another driver also made a mistake does not automatically dispose of the charge.

What evidence should be reviewed promptly?

Body-camera and dash-camera recordings, 911 calls, and nearby surveillance.
Scene photographs, vehicle damage, road conditions, and witness information.
The timing and administration of breath, blood, or urine testing.
Medical records relevant to injury allegations or explanations for observed symptoms.
Vehicle and crash-reconstruction evidence where it is available and relevant.

Preserve what you lawfully possess without editing it. Give counsel the location of possible third-party recordings promptly, because retention periods vary. Do not contact witnesses to influence their accounts.

Does an insurance settlement resolve the criminal case?

Do not assume that paying for repairs or resolving an insurance claim ends a criminal prosecution. The criminal case, insurance issues, and any restitution question serve different purposes. Coordinate with counsel before making detailed recorded statements about a pending criminal allegation.

What about my driver's license?

A DUI-related administrative suspension can involve its own deadline and process, separate from the criminal court case. Read the notice immediately and discuss the Florida DUI 10-day rule with counsel. Do not wait for a crash investigation or insurance decision before checking that deadline.

Daniel D. Nawara represents people facing DUI charges in Sarasota and surrounding communities. Request a free consultation through the contact page or call (941) 920-5514.