Being injured by a drunk driver is devastating. You did everything right, and someone else's reckless decision to drink and drive turned your life upside down. The anger, frustration, and sense of...
Being injured by a drunk driver is devastating. You did everything right, and someone else's reckless decision to drink and drive turned your life upside down. The anger, frustration, and sense of injustice are completely understandable. The good news is that Florida law takes drunk driving seriously, and victims of DUI accidents often have strong claims for substantial compensation—including the possibility of punitive damages to punish the wrongdoer. Here's what you need to know about holding drunk drivers accountable.
Drunk Driving and Negligence
When a drunk driver causes an accident, they've committed negligence per se—meaning the very act of driving while impaired is considered negligent as a matter of law. You don't need to prove that a reasonable person wouldn't have driven drunk; driving impaired is unreasonable by definition.
In Florida, it's illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by alcohol or drugs to the extent that normal faculties are affected. Commercial drivers face a 0.04% limit, and drivers under 21 face a 0.02% limit.
If the drunk driver was arrested and charged, their criminal case provides evidence for your civil claim. However, you don't need a criminal conviction to pursue civil liability. Even if charges are dropped or reduced, you can still hold the driver financially responsible through a personal injury lawsuit.
Evidence in DUI Accident Cases
DUI accident cases often have stronger evidence than typical car crashes because of the criminal investigation:
BAC test results (breathalyzer or blood tests) showing the driver's intoxication level.
Police observations documented in the arrest report: slurred speech, bloodshot eyes, failed field sobriety tests, smell of alcohol.
Witness statements from people who saw the driver drinking beforehand or observed erratic driving.
Surveillance video from bars, restaurants, or stores showing the driver consuming alcohol.
The driver's own statements at the scene admitting to drinking.
Accident reconstruction showing patterns consistent with impaired driving: failure to brake, drifting, excessive speed.
This evidence supports both your claim against the driver and potentially claims against establishments that over-served them.
Dram Shop Liability in Florida
Florida has limited "dram shop" laws that can hold bars, restaurants, and other alcohol vendors liable for drunk driving accidents in specific circumstances.
Under Florida Statute 768.125, an establishment can be held liable if they served alcohol to a person known to be habitually addicted to alcohol, or served alcohol to someone under the legal drinking age (21).
Note that Florida's dram shop law is narrower than many states. Simply over-serving an adult who appears intoxicated is generally not enough to establish vendor liability unless the vendor knew the person was a habitual alcoholic.
However, if a bar served alcohol to a minor who then caused a DUI accident, that establishment can face significant liability. Similarly, if an establishment continued serving someone they knew to be an alcoholic, they could be held responsible.
Proving dram shop claims requires investigating where the drunk driver was drinking before the crash and gathering evidence about their consumption and the vendor's knowledge.
Punitive Damages for Drunk Driving
Unlike typical car accidents where you recover compensatory damages (payment for your losses), DUI accidents may qualify for punitive damages—additional compensation designed to punish the wrongdoer and deter similar behavior.
Punitive damages are available in Florida when the defendant's conduct shows intentional misconduct or gross negligence. Driving while heavily intoxicated often meets this standard because the driver consciously chose to create a dangerous situation.
There's no cap on punitive damages in Florida (unlike some states), though juries must consider factors like the reprehensibility of the conduct and the defendant's financial situation.
Punitive damages can significantly increase the value of a DUI accident claim. However, they require proof of particularly egregious conduct—a first-time offender who was barely over the legal limit is less likely to face punitives than a repeat offender with a very high BAC.
Challenges in DUI Accident Cases
Despite strong evidence of fault, DUI accident cases can face challenges:
Insurance limits: Drunk drivers often have minimum insurance coverage. If your damages exceed their policy limits and they have no assets, your recovery may be limited unless you have uninsured/underinsured motorist coverage or can prove dram shop liability against a solvent vendor.
Uninsured defendants: Some drunk drivers have no insurance at all, making collection difficult even with a judgment.
Delayed BAC testing: If significant time passed between the accident and BAC testing, the defense may argue the driver's BAC was lower at the time of the crash.
Drivers fleeing the scene: Hit and run drunk drivers may never be identified.
Your own insurance becomes crucial in these situations. Uninsured motorist coverage can provide compensation when the drunk driver can't pay.
Criminal vs. Civil Cases
If you're injured by a drunk driver, there may be both criminal and civil proceedings—but they're separate.
The criminal case is brought by the state to punish the drunk driver through fines, license suspension, probation, or jail time. You're a witness in this case, not a party, and you don't receive compensation from the criminal case (though restitution may be ordered).
The civil case is your personal injury lawsuit seeking compensation for your losses. You control this case and can pursue it regardless of what happens criminally.
Criminal conviction can help your civil case by establishing the driver's impairment. However, a civil case can succeed even without criminal conviction because the burden of proof is lower (preponderance of evidence vs. beyond reasonable doubt).
Victim restitution ordered in criminal court rarely covers full damages. Civil litigation is usually necessary for complete compensation.
Contact Emas Law Group Today
Drunk driving accidents cause devastating injuries and profound injustice. While no amount of money can undo what happened, holding drunk drivers fully accountable—including through punitive damages when appropriate—sends a message and provides resources for your recovery. If you've been injured by an impaired driver, contact Emas Law Group for a free consultation. We'll investigate your case thoroughly, explore all sources of compensation including potential dram shop claims, and fight to ensure the drunk driver faces the full consequences of their actions.
Frequently Asked Questions
Can I sue a drunk driver if they're going to jail?
Yes. The criminal case and your civil lawsuit are separate proceedings. You can pursue compensation through a personal injury lawsuit regardless of the criminal outcome. Criminal punishment doesn't prevent you from recovering damages for your injuries.
What if the drunk driver has no insurance?
Your own uninsured motorist coverage can provide compensation when the at-fault driver has no insurance. You may also be able to pursue a dram shop claim against the establishment that served them, or sue the driver personally if they have assets.
How long after a DUI accident can I file a lawsuit?
Florida's statute of limitations for personal injury claims is now 2 years. However, you should contact an attorney promptly to preserve evidence—surveillance video, BAC test results, and witness memories all become harder to obtain over time.
Do I need the criminal case to finish before filing my civil case?
No. Your civil case can proceed independently of the criminal case. Sometimes waiting for criminal conviction can help your civil case, but waiting too long risks the statute of limitations. Your attorney can advise on timing strategy for your specific situation.