Gainesville Drunk Driving Accident Attorneys

In Florida, it is unlawful to operate a motor vehicle—including a car, motorcycle, truck, boat, or any other motorized vehicle—while under the influence of alcohol or drugs. 

The state considers someone to be “under the influence” if: 

• They have a blood alcohol concentration (BAC) of 0.08% or higher 
• Their normal faculties are impaired by alcohol or drugs, regardless of BAC

For those under the age of 21, as well as commercial vehicle drivers, the laws are stricter. No one in Florida under the age of 21 may operate a motor vehicle with a BAC of 0.02% or higher. For commercial driver’s license holders, the BAC threshold is 0.04%. 

Those found to be in violation of the state’s DUI laws face serious criminal, administrative, and civil penalties. These penalties range from imprisonment to fines to mandatory driver’s license revocation, reimbursement to victims, and more. 

Filing a Claim Against a Drunk Driver 

Because drunk driving accidents so often lead to catastrophic injuries, most victims can go outside Florida’s no-fault system and bring claims directly against those responsible (e.g., the drunk drivers). You can only go outside the no-fault system if you can prove that your injuries meet the state’s definition of a “serious injury,” i.e., that it resulted in serious and permanent disfigurement, scarring, or impairment of a bodily function, system, or member.

Injuries that lead to death are also considered “serious injuries” by the state of Florida. This means that if your loved one passed away due to a drunk driving accident, you have the right to file a wrongful death lawsuit against the liable party. Although nothing can bring your loved one back or ever begin to compensate you for the immense pain and suffering you have endured, a successful lawsuit can allow you to recover monetary resources to manage unexpected financial challenges in the wake of your loss. It can also bring about a much-needed—and much-deserved—sense of justice for surviving family members. 

Dram Shop Liability in Florida 

“Dram shop” laws refer to a vendor’s liability in overserving alcohol to an individual who goes on to cause injury to another as a direct result of being intoxicated. In Florida, you may have a dram shop liability claim against an establishment, such as a bar or restaurant, that provided alcohol to someone who later caused a drunk driving accident, but there are several elements of your claim you must prove to have a successful case. 

In Florida, an establishment or vendor could be liable for a drunk driving accident if it: 

• Knowingly provided alcohol to an individual who is “habitually addicted to the use of any or all alcoholic beverages” who then went on to cause a drunk driving accident
• “Willfully and unlawfully” provided alcohol to a minor (someone under the age of 21) who then went on to cause a drunk driving accident

Note that a vendor or establishment is not necessarily liable if it supplies alcohol to someone who is visibly intoxicated and then goes on to cause a drunk driving accident—unless the vendor or establishment knew the individual was a minor or had a drinking problem, yet knowingly and/or unlawfully served them alcohol anyway.