Overview
Driving Under the Influence (DUI) is a serious offense, and in Florida, it takes different forms with distinct legal implications. This comparative analysis focuses on two key statutes: TRAF1025 and TRAF1012. TRAF1025 pertains specifically to DUI cases involving property damage or personal injury, while TRAF1012 addresses the broader category of First Time DUI offenses in Hillsborough County, Florida.
Driving Under Influence
Property Damage Personal Injury
TRAF1025 DUI with Property Damage or Personal Injury
Definition and Elements
TRAF1025 deals with DUI offenses where property damage or personal injury is involved. According to Florida Statute 316.1933.C12B, this offense is categorized as a 3rd-degree felony. To establish guilt, the prosecution needs to prove that the defendant was operating a vehicle under the influence and that the incident resulted in property damage or personal injury.
Penalties
The penalties for TRAF1025 include felony-level consequences, such as fines and potential imprisonment. Repeat offenses within a specified timeframe escalate the severity of the penalties, emphasizing the state’s commitment to addressing DUI incidents with property damage or personal injury.
TRAF1012 First Time DUI
Definition and Elements
TRAF1012 addresses the broader category of First Time DUI offenses in Hillsborough County. To prove guilt, the prosecution needs to establish that the defendant was operating a vehicle under the influence, with a blood alcohol concentration (BAC) of 0.08% or higher, or impaired normal faculties. Refusal to submit to a breathalyzer or chemical test doesn’t preclude pursuing DUI charges.
Penalties
Being a misdemeanor offense, TRAF1012 entails penalties like fines, potential jail time, license suspension, mandatory attendance at DUI school, and community service. The severity of penalties may increase if the driver’s BAC is 0.15% or higher.
Comparative Analysis
Nature of Offense
TRAF1025 is specifically tailored for DUI cases involving property damage or personal injury, making it a more specialized charge. On the other hand, TRAF1012 encompasses the broader category of First Time DUI offenses without a focus on property damage or personal injury.
Severity and Level of Offense
TRAF1025 is classified as a 3rd-degree felony, indicating a higher level of severity compared to the misdemeanor status of TRAF1012. Felony offenses carry more substantial penalties, including potential imprisonment for repeat violations.
Penalties and Consequences
While both offenses involve fines, imprisonment, and other penalties, the specific nature and intensity of these consequences differ. TRAF1025, being a felony, entails more severe penalties, including mandatory placement of an ignition interlock device for certain convictions.
Repeat Offenses
TRAF1025 explicitly addresses repeat offenses within a specified timeframe, enhancing the penalties for subsequent violations. TRAF1012 also considers repeat offenses but doesn’t have the same specialized focus on cases involving property damage or personal injury.
Conclusion
In conclusion, TRAF1025 and TRAF1012 represent different facets of DUI offenses in Florida. TRAF1025 narrows its focus to cases involving property damage or personal injury, resulting in felony-level consequences. In contrast, TRAF1012 addresses the broader spectrum of First Time DUI offenses, categorized as misdemeanors with penalties of varying degrees. Understanding the distinctions between these statutes is crucial for individuals facing DUI charges in Hillsborough County, providing insight into the potential legal consequences based on the nature of the offense. If charged, seeking legal assistance promptly is recommended to navigate the complexities of the legal system and explore possible defense strategies. Contacting a qualified attorney, as indicated in the provided contact information, allows individuals to share their situation and receive guidance on navigating the legal process effectively.
Raw Data – Driving Under Influence Property Damage Personal Injury
If you have been charged with TRAF1025 DUI WITH PROPERTY DAMAGE OR PERSONAL INJURY M you can call a Tampa DUI Lawyer NOW FOR FREE at 1-877-793-9290 and tell me your story.
The term “serious bodily injury” means an injury to any person, including the driver, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
Form Code: TRAF1025
Florida Statute: 316.1933.C12B
Level: Fel (Felony)
Degree: 3rd
Description: DUI WITH PROPERTY DAMAGE OR PERSONAL INJURY
TRAF1025 DUI WITH PROPERTY DAMAGE OR PERSONAL INJURY is often charged in Hillsborough County, Florida.
Title XXIII MOTOR VEHICLES
Chapter 316 STATE UNIFORM TRAFFIC CONTROL
316.193 Driving under the influence; penalties.
(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:
(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
(12) If the records of the Department of Highway Safety and Motor Vehicles show that the defendant has been previously convicted of the offense of driving under the influence, that evidence is sufficient by itself to establish that prior conviction for driving under the influence. However, such evidence may be contradicted or rebutted by other evidence. This presumption may be considered along with any other evidence presented in deciding whether the defendant has been previously convicted of the offense of driving under the influence.
(b)1. Any person who is convicted of a third violation of this section for an offense that occurs within 10 years after a prior conviction for a violation of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In addition, the court shall order the mandatory placement for a period of not less than 2 years, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. The installation of such device may not occur before July 1, 2003.
2. Any person who is convicted of a third violation of this section for an offense that occurs more than 10 years after the date of a prior conviction for a violation of this section shall be punished by a fine of not less than $2,000 or more than $5,000 and by imprisonment for not more than 12 months. In addition, the court shall order the mandatory placement for a period of at least 2 years, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. The installation of such device may not occur before July 1, 2003.
3. Any person who is convicted of a fourth or subsequent violation of this section, regardless of when any prior conviction for a violation of this section occurred, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. However, the fine imposed for such fourth or subsequent violation may be not less than $2,000.