TRAF1028 DUI with Property Damage Personal Injury in Tampa

TRAF1028 refers to DUI with property damage or personal injury, a more serious version of a standard DUI charge. It means the State alleges you caused harm or damage while impaired. Unlike a basic DUI, this charge includes victims or damaged property, which can increase penalties and complicate your case. It’s still a misdemeanor but often viewed more harshly by prosecutors and judges.

Generally, no—under Florida Statute § 316.193(3)(c)(1), DUI with property damage or personal injury is a first-degree misdemeanor. However, if the injuries are severe or you have prior DUI convictions, the charge can be enhanced to a felony. Serious bodily injury triggers § 316.193(3)(c)(2), which is a third-degree felony.

Penalties include up to 12 months in jail, a $1,000 fine, court costs, probation, and a mandatory DUI program. You may also face license suspension and community service. Additionally, the court may order restitution to victims whose property was damaged.

Yes, license suspension is a likely consequence. Under Florida Statute § 322.28, your license may be suspended for 6 months to 1 year, depending on prior offenses. A hardship license may be available, but you must complete DUI School and apply through the DMV.

Yes, it’s possible to negotiate a plea to reckless driving, particularly if there are issues with the evidence such as breath test problems or questionable field sobriety tests. Florida allows for “wet reckless” pleas in certain DUI cases. This outcome may reduce fines, avoid jail, and lessen the impact on your record.

Common defenses include challenging the validity of the traffic stop, disputing probable cause, and questioning the accuracy of chemical tests. We also examine whether the alleged damage or injury was truly caused by your driving. Lack of causation is a key element in defeating a TRAF1028 charge.

Yes. Florida law treats any damage to another person’s property—even a mailbox or lawn—as grounds for this charge. Even small accidents can lead to serious consequences if alcohol or drugs are suspected. The extent of damage may affect sentencing, but it does not prevent the charge.

A DUI conviction in Florida is permanent—it cannot be sealed or expunged under Florida Statute § 943.0585. This is why a strong defense is essential from the beginning. Even a withhold of adjudication is not available for DUI charges.

Yes, significantly. Your auto insurance rates will likely increase, and you may be labeled a high-risk driver. Some providers may cancel your coverage altogether. You could also be liable for civil damages through a personal injury lawsuit.

You should contact an experienced DUI lawyer immediately. Time is critical—there are deadlines for DMV hearings and discovery. Tampa attorney W.F. “Casey” Ebsary Jr. can begin protecting your rights, challenging the evidence, and guiding you through both the criminal and administrative processes. Call 813-222-2220 or visit DUI2Go.com now.