This is one of the more serious situations a person can face after a crash, and it deserves a direct, honest answer. Florida treats impairment and leaving the scene as two separate offenses, and understanding how they interact matters for what comes next.
- Two separate charges: DUI and leaving the scene are prosecuted independently, not combined into one offense.
- Severity depends on the outcome: penalties escalate sharply based on whether the crash caused property damage, injury, serious injury, or death.
- DUI raises the floor: if the crash caused death, being impaired removes the court’s ability to go below the mandatory minimum sentence.
- Knowledge matters: the law requires proof the person knew a crash occurred, which is not automatic in every case.
- No deadline if death occurred: most tiers have a filing deadline, but a fatal case can be charged at any time.
Is leaving the scene a separate charge from DUI?
Yes. Florida has no single charge that combines impairment with fleeing a crash. DUI is prosecuted under Fla. Stat. § 316.193, and leaving the scene is prosecuted under Fla. Stat. § 316.027 or § 316.061, depending on what happened. A person can be convicted of one, both, or neither, and each carries a distinct penalty structure.
What determines how serious the leaving the scene charge is?
The outcome of the crash, not the decision to leave. Leaving after property damage alone is a second-degree misdemeanor under Fla. Stat. § 316.061. A crash involving injury is a third-degree felony under § 316.027, serious bodily injury is a second-degree felony, and death is a first-degree felony carrying a mandatory minimum of four years in prison under the Aaron Cohen Life Protection Act. Penalties increase further if the person involved was a pedestrian, cyclist, motorcyclist, or another recognized vulnerable road user.
Does being under the influence make the leaving the scene penalty worse?
In fatal cases specifically, yes, in a way that removes judicial discretion entirely. If the crash caused a death and the driver was also impaired under § 316.193, the court cannot depart from the four-year mandatory minimum, even in situations where a judge might otherwise find a departure appropriate. This combination is treated as more severe than either offense alone.
Does it matter if I did not realize I hit something?
It can, and this is a real question worth examining rather than assuming away. Florida courts have held that willfully leaving the scene requires knowledge that a crash occurred. Someone who genuinely did not realize an impact happened, due to its severity, road conditions, or other factors, may not meet that legal element, regardless of what happened afterward. This is a factual question that depends heavily on the specific circumstances.
How long does the state have to file these charges?
The deadline depends entirely on the severity of the case. Under Fla. Stat. § 775.15, prosecutors generally have one year to file the misdemeanor property-damage tier, and three years to file a felony charge involving injury. If the crash resulted in death, there is no time limit at all, and charges can be filed at any point. DUI charges follow a similar structure based on how the offense is ultimately charged.
What should I do right now if this happened to me?
Avoid discussing the details with anyone other than an attorney, including on social media or with friends who could later be questioned as witnesses. Do not attempt to return to the scene or contact anyone involved without legal guidance first. Given the mandatory minimums involved in the more serious tiers of this charge, an early, thorough review of the actual facts matters more here than in most cases.
If this is your situation
Every case turns on the specific facts of the crash, what the evidence shows about knowledge and impairment, and how the two charges interact. That requires a real review, not assumptions. If the case involves a later breath test, see our page on breath test refusal in Florida for how that separate issue works. Cases in Miami-Dade are handled locally, through the Eleventh Judicial Circuit.
The first consultation is free and confidential, with no obligation to retain.