What Happens if You Are Arrested for DUI After a Car Accident?

 Posted on March 15, 2026 in DUI

Getting arrested for DUI after a car accident is a different situation than a standard DUI stop, and the legal consequences reflect that. Under Florida Statute § 316.193(3), DUI charges become significantly more serious when a crash causes property damage, injury, or death. Ultimately, the more severe the outcome of the crash, the more serious the charge, and the penalties can escalate significantly depending on whether someone was injured or killed.

If you've been arrested after an accident in 2026, a Miami DUI defense lawyer can help you understand what you're facing and start building your defense right away.

How Does a Car Accident Change a DUI Charge in Florida?

A standard first-offense DUI in Florida is a misdemeanor. An accident changes that calculation fast. The moment property damage, injury, or death enters the picture, Florida law treats the case very differently.

According to the Florida DUI statute, the charge tiers work like this:

• Property damage or injury to another person: first-degree misdemeanor, up to one year in jail

• Serious bodily injury to another person: third-degree felony, up to five years in prison and a $5,000 fine

• Death of another person: DUI manslaughter, a second-degree felony, up to 15 years in prison with a four-year mandatory minimum

• Death and leaving the scene: first-degree felony, up to 30 years in prison

An accident scene also typically means more evidence. Police will document the scene, gather witness statements, and may request a blood draw rather than a breath test. Understanding what you're up against early on is one of the most important things you can do.

What Happens at the Scene of a DUI Accident?

After a crash, law enforcement responds quickly and begins looking for signs of impairment right away. Officers may ask you to perform field sobriety tests, request a breath test, or seek a warrant for a blood draw.

You have the right to remain silent and the right to an attorney. Anything you say at the scene can be used against you, so it's best to be cooperative with basic requests while avoiding statements about what happened or how much you had to drink.

Florida's implied consent law also comes into play here. Under Florida Statute § 316.1932, drivers who operate a vehicle in Florida have already consented to chemical testing. Refusing a lawful test can result in an automatic license suspension and may be used as evidence of guilt at trial.

Does It Matter in a DUI Accident Case if the Other Driver Was at Fault?

This is one of the most important questions in DUI accident cases, and it's one that often gets overlooked in the early chaos after a crash. Being impaired at the time of an accident does not automatically mean you caused it. If the other driver ran a red light, made an illegal turn, or was distracted, those facts matter and can make a significant difference in your case.

An attorney can investigate the accident independently, review traffic camera footage, obtain police reports, and work with accident reconstruction professionals if needed. Establishing that you were not at fault for the crash can significantly affect how the case is charged and resolved.

What Are the Possible Defenses in a DUI Accident Case?

An attorney will review every aspect of the case to find where the prosecution's evidence may fall short. Common defense strategies include:

• Challenging whether the field sobriety tests were properly administered

• Questioning the accuracy of breath or blood test results

• Arguing that the accident itself caused physical symptoms that officers mistook for impairment

• Challenging the legality of the traffic stop or arrest

• Disputing causation, meaning whether your driving actually caused the crash

The strength of the defense depends on the specific facts of your situation, which is why it's so important to speak with an attorney as soon as possible after an arrest.

Schedule a Free Consultation With Our Miami DUI Defense Attorney

Being arrested for DUI after an accident doesn't mean a conviction is inevitable. As a former Assistant State Attorney in Miami-Dade County, Attorney Stroleny knows exactly how prosecutors build these cases, and that knowledge makes a real difference when constructing your defense. With almost 400 five-star reviews and deep roots in the Coconut Grove community, Stroleny Law: Criminal Defense Attorney is committed to fighting hard for clients at every stage.

If you've been arrested, call our Miami DUI defense lawyer today. Call 305-615-1285 to schedule a free consultation. We're available 24/7.