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.

Q&A: RIDR Program in Hillsborough County Florida – Answers from an Expert

Questions and Answers

from a

DUI Expert

As a DUI expert serving Hillsborough County, I understand the anxiety and confusion that follows a first-time DUI arrest. The RIDR program offers a potential path to resolution, but navigating its complexities is vital. This comprehensive guide breaks down the RIDR program through essential Q&A and a detailed table, clearly outlining eligibility, benefits, and restrictions.

My goal is to equip you with the knowledge needed to make informed decisions. If you’re seeking clarity and personalized legal guidance on your DUI case and the RIDR program details presented below, reach out to Casey at DUI2Go.com for expert assistance.

Why was the First-Time DUI Diversion (RIDR) program created?

The program was created to address Hillsborough County’s high rates of DUI crashes, injuries, and fatalities. It aims to reduce recidivism and improve community safety by imposing enhanced sanctions on first-time, non-aggravated DUI offenders.  

Who is eligible for the First-Time DUI Diversion program?

Eligibility criteria include: the case must be a misdemeanor DUI offense; there can be no children in the vehicle; the breath alcohol concentration must be below 0.200%; there cannot have been a crash; there cannot be a prior DUI, alcohol-related reckless driving, driving while license suspended with serious bodily injury or death, leaving the scene of an accident with injury or death, or vehicular homicide charges; there cannot have been a prior DUI diversion program and no more than one non-DUI diversion program as an adult; and in the five years prior to the date of offense the driver cannot have had a prior adjudication withhold or any portion of a felony sentence.

How are cases selected for the program?

Your attorney can request consideration. The State Attorney’s Office evaluates cases individually based on the specific facts. They have the sole discretion to determine eligibility. Sanction levels are determined by BAC and the nature of the offense.

What are the benefits of accepting a plea offer under this program?

Benefits include: No Conviction; reduced charge to reckless driving; withhold adjudication; 12 months probation; vehicle immobilization for 10 days; avoidance of a DUI conviction on their record; and completion of DUI school and any recommended treatment.

What are the restrictions during the diversion program?

Restrictions include: no possession or consumption of alcohol, illegal drugs, or non-prescribed drugs during the 12-month probation period; payment of standard court costs and cost of supervision; and completion of DUI school and any recommended treatment.

Table Summarizing the First-Time DUI Diversion (RIDR) Program:

Don’t Navigate Your DUI Alone: Connect with Casey Today.

If you or someone you know is facing a first-time DUI in Hillsborough County, contact Casey at DUI2Go.com today. Learn more about Casey here: https://dui2go.com/about/ For expert legal assistance regarding the First-Time DUI Diversion program, reach out to Casey at DUI2Go.com. Contact Casey here: https://dui2go.com/contact/

Original Announcement from 2018

Why Start New First-Time DUI Diversion (RIDR)?

Hillsborough County has consistently been ranked the worst or near the worst in Florida for DUI crashes, injuries, and fatalities. Given the dangers of impaired driving and the importance of reducing recidivism to promote long-term Community safety, the Hillsborough County State Attorney’s Office has established the reducing impaired driving recidivism initiative. The program seeks to aggressively target and reduce impaired driving by imposing enhanced sanctions like alcohol monitoring devices and DUI education programs on first-time, non-aggravated DUI offenders. This First-Time DUI Diversion program also promotes consistency in the prosecution of DUI cases by eliminating the incentive for offenders to refuse to provide a breath sample during the investigation.

Who Is Eligible for First-Time DUI Diversion Program?

To be eligible for the First-Time DUI Diversion program, first, the case must be a misdemeanor DUI. There can be no children in the vehicle. Also, the breath alcohol concentration must be below .200% and there cannot have been a crash. Additionally, there cannot be a prior DUI alcohol-related reckless driving, driving while license suspended with serious bodily injury or death, leaving the scene of an accident with injury or death, or vehicular homicide charges in the driver’s past. Finally, there cannot have been a prior DUI diversion program, more than one non-DUI diversion program as an adult, or in the five years prior to the date of offense the driver cannot have had a prior adjudication withhold or any portion of a sentence on a felony.

What Is The Process For Selecting Cases In This DUI Diversion Program?

The state attorney’s office will evaluate all cases on an individual fact-specific basis. The state attorney’s office solely determines the individual’s eligibility for the RIDR First-Time DUI Diversion Program. There will be three sanction levels for eligible cases. Level one cases will have a breath level below .15%. Next, Level two will have breath alcohol levels above .15% but less than .20% or there has been a refusal to provide. Last, Level 3 will be for drug-related DUIs.

Why Would Someone Want To Accept A Plea Offer Under The New DUI Program?

Mainly the driver will be offered a reduced charge of reckless driving and withhold adjudication. There will be 12 months probation. Individual must pay standard court costs and cost of supervision. They will have their vehicle immobilized for 10 days. The first-time DUI offender cannot possess or consume alcohol, illegal drugs, or non prescribed drugs during that 12 month period. Also, the offender must successfully complete the DUI school and any recommended treatment.

 “involved in a crash occurring on public or private property that results in injury of any person must immediately stop the vehicle at the scene of the crash”

Leave Scene Crash Injury

If you have been charged with TRAF2012 LEAVING SCENE OF A CRASH WITH INJURY you can call a Tampa Leave Scene of a Crash with Injury Defense Lawyer at 813-222-2220 and tell me your story.

Form Code: TRAF2012 

Florida Statute: 316.027.1A
Level: Fel (Felony)
Degree: 3rd

Description: LEAVING SCENE OF A CRASH WITH INJURY

TRAF2012 LEAVING SCENE OF A CRASH WITH INJURY is often charged in Hillsborough County, Florida.

Title XXIII MOTOR VEHICLES
Chapter 316 STATE UNIFORM TRAFFIC CONTROL

316.027 Crash involving death or personal injuries.

(1)(a) The driver of any vehicle involved in a crash occurring on public or private property that results in injury of any person must immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and must remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. Any person who willfully violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Expert DUI Defense by W.F. Casey Ebsary, Jr.

Expert DUI Attorney W.F. Casey Ebsary, Jr You’re here because you’ve been arrested for a DUI in or near Tampa, Florida. Right now, that’s probably the scariest thing you can imagine. But take a breath. You’re not alone. Every single moment in the life of W.F. Casey Ebsary, Jr. has led him to this point … Continue reading Expert DUI Defense by W.F. Casey Ebsary, Jr.

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