What is TRAF1028?

TRAF1028 is the charge code for DUI with Property Damage or Personal Injury, commonly filed in Hillsborough County, Florida. If you are accused of driving under the influence and causing a crash that results in injury or damage, the State may prosecute you under this law. This is more serious than a standard DUI and can carry enhanced penalties.

Charge Summary Table

Legal Definition and Penalty

According to Florida Statute § 316.193(3)(c)(1):

“Any person who, by reason of operating a vehicle while under the influence, causes or contributes to causing damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.”

Consequences of a Conviction

Being convicted of DUI with property damage or personal injury carries serious penalties under Florida law:

• Up to 1 year in jail
• Up to $1,000 in fines
• Driver’s license suspension
• Vehicle impoundment
• 12-month probation
• DUI School and treatment if ordered
• Permanent criminal record

10 Frequently Asked Questions About TRAF1028 DUI Charges

What is TRAF1028 and how is it different from regular DUI?

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.

Is DUI with property damage a felony in Florida?

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.

What are the penalties for a TRAF1028 conviction?

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.

Will I lose my license if convicted of this charge?

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.

Can this charge be reduced to reckless driving?

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.

What defenses are available in a DUI with property damage case?

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.

Can I be charged if I only damaged a mailbox or fence?

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.

How long will a TRAF1028 conviction stay on my record?

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.

Does insurance get affected by a DUI with property damage?

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.

What should I do immediately after being charged with TRAF1028?

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.

Conclusion: Don’t Face DUI Charges Alone

🚨 Being charged with DUI involving injury or property damage is no minor offense. The consequences can ripple through your life—impacting your job, finances, insurance, and freedom.

Call 813-222-2220

📞 Call Casey the Lawyer at 813-222-2220
🌐 Visit: DUI2Go.com
📩 Reach out via our Contact Page
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Original Post from 2010 Updated to 2025

If you have been charged with TRAF1028 DUI WITH PROPERTY DAMAGE OR PERSONAL INJURY you can call a Tampa Criminal Defense Lawyer at 1-877-793-9290 and tell me your story.

Form Code: TRAF1028
Florida Statute: 316.193.3C1
Level: Misd (Misdemeanor)
Degree: 1st
Description: DUI WITH PROPERTY DAMAGE OR PERSONAL INJURY

TRAF1028 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.

(3) Any person:

    (c) Who, by reason of such operation, causes or contributes to causing:

        1. Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.