What to Do After a DUI Hit and Run Accident in Tampa, FL 2025

Being involved in a DUI hit-and-run accident can be scary and overwhelming. It’s important to understand the legal implications and the necessary steps to take in the aftermath. Knowing what to do after a DUI hit-and-run accident in Tampa, FL, can be crucial for avoiding severe and long-lasting legal penalties. That’s why it’s important to learn which steps to take after a DUI hit and run as well as the legal consequences associated with this charge.

Florida Laws on DUI and Hit-and-Run Accidents

A hit and run occurs when a driver involved in an accident flees the scene without assisting injured parties or providing identification. If the at-fault driver was under the influence of drugs or alcohol, the charges are much more serious. Under Florida law, leaving the scene of an accident involving serious injury or fatalities results in a felony charge.

DUI hit-and-run laws are broken into two categories, according to Florida statutes:

  • Florida Statute 316:061. This law pertains to leaving the scene of an accident that involves only property damage. It leads to penalties like fines, license suspension, and jail time.
  • Florida Statute 316.027. This applies to hit-and-run incidents that involve death or serious injury. The severity of the injuries increases the felony DUI charge and associated penalties.

If the accident results in property damage only, it becomes a second-degree misdemeanor. However, injuries to other parties can turn this charge into a second- or third-degree felony. Meanwhile, if a fatality occurs, the offense becomes a first-degree felony, which carries a mandatory prison sentence.

What to Do Immediately After a DUI Hit and Run

If you left the scene of an accident, whether in panic, fear, or by impaired judgment, the ideal course of action involves seeking legal counsel immediately. The following steps can improve your chances of a favorable outcome in your case.

  • Contact an attorney immediately. A DUI hit and run carries serious penalties, and an experienced Tampa DUI hit-and-run defense lawyer can mitigate its legal consequences.
  • Turn yourself in. If you fled the scene, voluntarily surrendering can demonstrate remorse, which the prosecution may take into consideration.
  • Avoid making incriminating statements. Do not discuss the accident with law enforcement or insurance companies without consulting your attorney.
  • Cooperate with authorities. Provide all necessary information, but follow your attorney’s guidance to protect your rights.

Legal Consequences of a DUI Hit-and-Run Accident

Florida takes DUI hit-and-run accidents very seriously. In 2023, the state saw a total of 104,273 hit-and-run crashes, with 271 of these incidents resulting in a fatality. Adding a DUI charge to a hit-and-run charge can greatly increase the consequences.

Those convicted of a DUI hit and run may see penalties that include:

  • Heavy fines
  • License suspension
  • Jail or prison time
  • Probation
  • Community service
  • Criminal record
  • Civil liability

A skilled DUI hit-and-run defense lawyer can negotiate for reduced charges or make a plea deal on your behalf. These legal professionals can challenge all the evidence and look for procedural errors. Your attorney can create defense strategies to get you a more favorable outcome.

Preventing a DUI Hit-and-Run Accident

Tampa is known for being the home of America’s oldest brewery, Yuengling. Busch Gardens also began as a brewery before becoming one of the world’s most well-known theme parks. Nevertheless, drinking responsibly is the key to protecting yourself from accusations of a DUI arrest.

To avoid being accused of drunk driving, the simplest step is to avoid getting behind the wheel if you’re intoxicated. Instead, use a designated driver, taxi, or rideshare service.

If you do cause an accident while intoxicated, stay at the scene. Fleeing will just increase the legal consequences. Refusing a breathalyzer test in Florida can also result in an automatic license suspension.

For those on the roads driving unimpaired, it’s important to stay vigilant to protect yourself and your passengers. A study by the AAA Foundation found that other drivers and pedestrians were 4.4 times more likely to be a victim of a hit-and-run accident between midnight and four a.m.

FAQs

Q: What Happens If You Get in an Accident While Drunk in Florida?

A: If you cause an accident in Florida while driving under the influence, you can face serious legal consequences, including DUI charges, fines, license suspension, and possible jail time. If injuries or fatalities occur, penalties may increase significantly, leading to felony DUI charges and a lengthy prison sentence. You may also be held liable for additional damages if the victim files a claim against you. A DUI on your record can impact employment opportunities and insurance rates.

Q: How Long After a Hit-and-Run Accident Can You Be Charged in Florida?

A: The statute of limitations for hit-and-run accidents in Florida varies based on the severity of the accident. The timeframe expands with the seriousness of the accident and the extent of the injuries. For some instances that require investigations by the Tampa Police Department, the case could continue indefinitely, particularly for serious hit-and-run accidents that resulted in a fatality.

Q: What Happens When You’re Hit by a Drunk Driver?

A: If you are hit by a drunk driver, seek medical attention immediately, and report the accident to law enforcement. For emergencies, call 911. For non-emergency accidents, call the Tampa Police Department. The intoxicated driver may face criminal DUI charges. Florida’s no-fault insurance system covers medical expenses, but serious injuries may warrant additional compensation. It’s important to consult a lawyer to better understand your legal options.

Q: Do You Need a Police Report for a Hit and Run in Florida?

A: A police report is crucial for a hit-and-run incident. It serves as the official documentation of the accident. This is used as evidence, which helps with filing insurance claims or taking legal action. Without it, insurance companies may deny claims, and law enforcement investigations may not proceed. Florida law requires drivers to report accidents involving injury, death, or significant property damage.

Contact a Tampa DUI Hit-and-Run Defense Lawyer Today

If you’re facing a DUI hit-and-run charge, it’s important to act quickly. Contact the Tampa-based offices of Jeff Marshall Law to find out what you should do after a DUI hit-and-run accident in Tampa. We can work to protect your rights, minimize penalties, and secure a better outcome for your case. Contact us today to schedule a consultation.

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