Miami Drunk Driving Accident Attorney

Fighting for justice for those injured in a drunk driving car accident

Drunk driving continues to be a common cause of motorcycle and car accidents on Florida roads. They are the subject of civil and criminal lawsuits that result in severe monetary penalties and imprisonment for drunk drivers and, sadly, severe injuries and death for the innocent public.

Drunk driving in Florida

According to the National Highway Traffic Safety Administration (NHTSA), every day, an average of 37 people die from drunk-driving accidents. 

In 2020 alone, 11,654 people died in drunk-driving accidents in the U.S. at the rate of 1 death every 45 minutes. The number increased to 13,384 deaths in 2021.

In Florida, a total of 7,573 people died in drunk driving crashes between 2009 and 2018. 

Nationally, 30% of traffic deaths are alcohol-related. 

Common drunk driving injuries

Drunk driving accidents can result in a wide range of injuries, some of which can be severe or even fatal. The specific injuries sustained in drunk driving accidents may vary depending on factors such as the speed of the vehicles involved, the angle of impact, the use of safety restraints and the presence of other vehicles or objects involved. 

Here are some common injuries associated with drunk driving accidents:

Are drunk driving accidents civil or criminal violations?

Drunk driving accidents are usually both civil and criminal matters. A drunk driver who injures another person while driving under the influence of alcohol stands to be:

• Sued by the injured person in a civil action for damages, and
• Charged by the state for one or more crimes.

Should you file a personal injury lawsuit before or after a criminal trial?

In a Florida personal injury case involving a drunk driver, there are 2 major reasons for filing the civil case after the state’s criminal case has been completed. 

First, in criminal cases, the state has the burden of proving beyond a reasonable doubt that the drunk driver was indeed legally intoxicated. That burden is heavier than the burden that a plaintiff in a civil case must bear.

The state prosecutor will have submitted overwhelming evidence that the drunk driver committed all of the elements that the plaintiff must prove in a civil case. In Florida, the record of the criminal prosecution (i.e., the evidence and conviction) is admissible as evidence in the civil case.

Second, the criminal conviction will afford your personal injury attorney the right to invoke the doctrine of negligence per se. Negligence per se means that if a person violates a law that is intended to protect a certain class of people and, in the course of their criminal conduct, injures a member of that class, then the victim is relieved of the burden to prove the defendant’s negligence. 

Drunk driving crimes are intended to protect other drivers, passengers and pedestrians, a class that would be the plaintiffs in a civil personal injury case. So although it requires some patience on your part, waiting until the defendant is prosecuted in criminal court can often make it easier and less time-consuming to win your case against them in civil court.

Florida definition of DUI and BAC level

Operating a vehicle under the influence of alcohol or drugs is a single offense, applying to both drivers on the road and boaters on the water.

A prosecutable DUI offense in Florida is defined by statute as:

Driving Under the Influence (DUI) of alcoholic beverages, chemical substances, or controlled substances is one offense, proved by impairment of normal faculties or an unlawful blood alcohol or breath alcohol level of .08 or above.

Florida Statutes §316.193

Punishments for drunk driving in Miami

The penalties for drunk driving are set by Florida statute.

Fines

• First conviction. Not less than $500 or more than $1,000. However, the fine will be not less than $1,000 or more than $2,000 if the blood/breath alcohol level (BAL) was .15 or higher or if there was a minor in the vehicle.
• Second conviction. Not less than $1,000 or more than $2,000. However, the fine will be not less than $2,000 or more than $4,000 if the BAL was .15 or higher or if there was a minor in the vehicle.
• Third conviction (more than 10 years from the second). Not less than $2,000 or more than $5,000. However, the fine will be not less than $4,000 if the BAL was .15 or higher or if there was a minor in the vehicle.
• Fourth or subsequent conviction. Not less than $2,000. However, the fine will be not less than $4,000 if the BAL was .15 or higher or if there was a minor in the vehicle.

The court, in its discretion, may impose additional penalties.

Imprisonment

• First conviction. Imprisonment for not more than 6 months. However, the term of imprisonment will be not more than 9 months if the BAL was .15 or higher or if there was a minor in the vehicle.
• Second conviction. Imprisonment for not more than 9 months. However, the term of imprisonment will be not more than 12 months if the BAL was .15 or higher or if there was a minor in the vehicle. Also, there will be a mandatory term of at least 10 days if the second conviction was within 5 years of a prior conviction. The mandatory term must be served in confinement segments of at least 48 consecutive hours each.
• Third conviction. If a third conviction is within 10 years of a prior conviction, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive. If a third conviction is more than 10 years of a prior conviction, imprisonment for not more than 12 months.
• Fourth or subsequent conviction. Imprisonment for not more than 5 years or as provided in Florida Statutes §775.084, if habitual/violent offender.

Personal injury damages for DUI accident

Victims of a drunk driving accident can claim compensation under civil state tort law. Florida compensatory damages for personal injury claims are similar to those in other states. They are classified by economic damages and non-economic damages.

Punitive damages

In rare cases and subject to limitations, compensatory damages may be supplemented by punitive damages. Generally, civil lawsuits are intended to compensate a victim for their losses for which the defendant’s conduct was the proximate cause.

Civil lawsuits, even those for willful acts, are generally not intended to punish the person responsible for the victim’s losses. That’s for criminal actions by the state on behalf of the public. The objectives of state punishment are principally retribution and deterrence so that the public at large is protected against the criminal conduct of the defendant as well as other prospective offenders.

Punitive damages are imposed in civil actions for the same purposes. However, most state laws permit the courts to impose civil punitive damages for punishment purposes in very rare cases. 

Punitive damages are more likely to be awarded in cases in which the drunk driver was especially careless, for example, if the driver’s BAC far exceeded .08 or if they were driving with children in the car.

In Florida, the statutory limitation on punitive damages is the greater of:

• 3 times the amount of compensatory damages awarded, or
• $500,000

A Florida personal injury attorney can advise you as to how much and which types of damages may be available in your case.

Florida dram shop laws

In an ordinary personal injury or wrongful death lawsuit, the plaintiff has the burden to prove that the defendant owed a duty of care to the plaintiff and that the defendant failed that duty. Further, they must prove that the defendant’s actions or inactions (negligence or willful conduct) were the proximate cause of the plaintiff’s injury or death.

Many drunk drivers hit the road after hours of drinking at a bar. So does the bar and bartender owe a duty of care to the victim of an accident caused by a drunk driver after leaving the bar? 

It’s a challenge to link the bar or bartender serving the drunk driver as the proximate cause of the plaintiff’s injuries.

So-called “dram shop” laws have existed in the U.S since the 19th century during the temperance period that preceded the Prohibition laws. They fell out of favor for a while. But, there are now 42 states that have laws that hold the bar or bartender liable for serving alcohol to a visibly impaired customer or to a minor.

Florida has a very restrictive dram shop law. It starts with a fundamental proposition that the bar is not liable, with specified exceptions. Florida Statutes §788.125 provides that:

A person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage caused by or resulting from the intoxication of such person, except that a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age or who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages may become liable for injury or damage caused by or resulting from the intoxication of such minor or person.

Proving the drunk driver was “habitually addicted to the use of any or all alcoholic beverages” is a challenging burden. It requires the skills of an experienced personal injury attorney.

Steps to reduce drunk driving

The Centers for Disease Control and Prevention (CDC) recognizes alcohol-impaired driving as a major health problem. They recommended the following strategies to reduce such impairment.

• Rethink the threshold blood alcohol content level and fix it at zero tolerance for people under 21.
• Establish highly publicized sobriety checkpoints.
• Increase highly visible saturation patrols of a large number of police patrolling locations and times in high accident zones.
• Require ignition locks for all, including first-time, convicted offenders.
• Require all offenders arrested for drunk driving to submit to an alcohol problem assessment and possible treatment and/or intervention.
• Institute instructional programs in schools. 

Exploring different types of car crashes in the context of drunk driving

When a drunk driving incident occurs, the resulting car crashes can vary in nature and impact. Understanding these types of accidents is essential for comprehending the potential consequences. Here are the different types of car crashes often associated with drunk driving:

Hit and run accidents: In the aftermath of a drunk driving incident, hit-and-run accidents can exacerbate an already difficult situation. Such incidents can leave victims not only dealing with the aftermath of the crash but also facing the challenges of identifying the responsible party. The added distress in these cases is significant.

T-bone collisions: Impaired driving impairs reaction times and judgment, making T-bone collisions, especially at intersections, more likely. These accidents can result in devastating injuries due to the nature of the impact. Victims of T-bone collisions often face long roads to recovery.

Rear-end collisions: Intoxicated drivers may struggle to maintain a safe following distance, increasing the risk of rear-end collisions. Even seemingly minor incidents can result in significant harm, from whiplash and neck injuries to more severe consequences.

Head-on collisions: Driving under the influence severely hampers judgment and control, contributing to a higher occurrence of head-on collisions. These accidents are among the most serious, often resulting in life-altering consequences or even proving fatal.

Contact a Miami drunk driving accident attorney

If you or a loved one has been the victim of a drunk driving accident, it’s crucial to seek the support and guidance of a dedicated attorney who specializes in representing plaintiffs in these types of cases. At Redondo Law, attorney Mike Redondo has a proven track record of successfully representing those injured through the negligence of others, always placing client satisfaction above all else. 

To better help his clients and increase access for anyone who’s been injured in an accident, Mike speaks both Spanish and English and is happy to offer a free, comprehensive evaluation to potential clients.

Contact us today so we can help you get the compensation and justice you deserve.