Drunk driving is one of the most dangerous and reckless behaviors on the road, leading to thousands of preventable tragedies every year. According to the National Highway Traffic Safety Administration (NHTSA), in 2022 alone, 13,524 people died in motor vehicle crashes involving drunk drivers in the U.S.
This accounted for 31% of all traffic fatalities—approximately one death every 39 minutes. These sobering statistics underscore the devastating toll drunk driving continues to take on communities across the country, including Miami.
Navigating the complexities of a drunk driving injury claim can be challenging, especially when dealing with insurance companies, legal deadlines, and the emotional strain of the accident.
At Raposo & Lukacs, our highly qualified team can represent you in the claim process. We can use our extensive experience and skills to help you pursue full and fair compensation for what you have suffered, whether a serious injury or the loss of a loved one in a wrongful death.
Discuss the specifics of your case with a Miami drunk driving accident attorney in a free consultation. Call Raposo & Lukacs at (305) 575-2177 or contact us online. Hablamos español.
Florida takes driving under the influence (DUI) offenses seriously. Under state law, a driver is considered legally impaired if their blood alcohol concentration (BAC) is 0.08% or higher. However, a driver may still be charged with DUI even with a lower BAC if their normal faculties are impaired.
Key aspects of Florida DUI laws include:
Criminal Penalties: Fines, license suspension, probation, and possible jail time
Enhanced Penalties: Stricter consequences for repeat offenders or accidents involving injuries or fatalities
Zero Tolerance for Minors: Drivers under 21 can face penalties with a BAC of 0.02% or higher
While these laws address criminal consequences, victims of drunk driving accidents also have the right to pursue civil claims for damages. A Miami drunk driving accident lawyer can help you understand your legal options and pursue a personal injury claim alongside any criminal proceedings.
How Alcohol Impairs Your Ability to Drive
Alcohol affects the brain and body in ways that significantly impair a person’s ability to operate a vehicle safely. Even small amounts of alcohol can lead to dangerous driving behaviors.
Common impairments caused by alcohol include:
Reduced Reaction Time: Slower ability to respond to sudden hazards
Poor Judgment: Increased likelihood of taking risks, such as speeding or ignoring traffic signals
Decreased Coordination: Difficulty steering, braking, and maintaining lane position
Blurred Vision: Trouble focusing and tracking moving objects
Drowsiness: Increased fatigue that can lead to falling asleep at the wheel
These impairments make drunk drivers a serious danger to everyone on the road. When an impaired driver causes an accident, they can and should be held legally responsible for the harm they cause.
How to Prove Liability Against a Drunk Driver
Proving liability in a drunk driving accident case is often more straightforward than in other types of car accidents, but it still requires strong evidence and legal knowledge.
To establish liability, your attorney must demonstrate that:
The Driver Was Intoxicated: Evidence may include breathalyzer results, blood tests, or police reports
The Driver Was Negligent: Driving under the influence is inherently negligent behavior
The Negligence Caused the Accident: There must be a direct link between the driver’s intoxication and the crash
You Suffered Damages: Medical bills, lost wages, pain and suffering, and other losses
Important evidence in these cases may include:
Police accident reports
DUI arrest records
Witness statements
Surveillance or traffic camera footage
Expert testimony
At Raposo & Lukacs, our legal team conducts thorough investigations to build strong claims. We work to ensure that all responsible parties are held accountable and that no detail is overlooked.
Dram Shop & Social Host Liability in FL
In some cases, liability for a drunk driving accident may extend beyond the driver. Florida law allows for limited circumstances where bars, restaurants, or individuals who provided alcohol may also be held responsible.
Dram Shop Liability
Florida’s dram shop laws are more restrictive than in some other states. Establishments that serve alcohol may be held liable if they:
Knowingly serve alcohol to a person under the age of 21, or
Knowingly serve someone who is habitually addicted to alcohol
If either of these conditions is met and the intoxicated individual causes an accident, the establishment may share responsibility.
Social Host Liability
Social hosts (such as individuals hosting private parties) can also be held liable if they serve alcohol to minors who later cause an accident. However, adults serving alcohol to other adults are generally not held liable under Florida law.
Understanding whether third-party liability applies can be complex. A Miami drunk driving accident lawyer can evaluate your case and determine all potential sources of compensation.
Compensation Available for Victims
Victims of drunk driving accidents in Miami may be entitled to recover a wide range of damages, including:
Medical Expenses: Hospital stays, surgeries, rehabilitation, and future care
Lost Wages: Income lost due to time away from work
Loss of Earning Capacity: Reduced ability to earn income in the future
Pain and Suffering: Physical pain and emotional distress
Property Damage: Repairs or replacement of your vehicle
Wrongful Death Damages: If a loved one was killed, surviving family members may pursue compensation
In cases involving particularly reckless behavior, punitive damages may also be awarded to punish the at-fault driver and deter similar conduct.
Drunk Driving Accident FAQs
What should I do after a drunk driving accident?
Seek medical attention immediately, even if your injuries seem minor. Call law enforcement, gather evidence if possible, and contact a Miami drunk driving accident lawyer as soon as you can.
Can I file a claim even if the driver faces criminal charges?
Yes. A criminal case is separate from your civil claim. You can pursue compensation regardless of the outcome of the criminal proceedings.
How long do I have to file a claim in Florida?
Florida generally has a statute of limitations for personal injury cases. It’s important to act quickly to avoid losing your right to file a claim.
What if the drunk driver doesn’t have insurance?
You may still have options, such as filing a claim under your uninsured/underinsured motorist coverage.
How much is my case worth?
The value of your case depends on factors such as the severity of your injuries, medical costs, lost income, and overall impact on your life. An attorney can provide a more accurate estimate after reviewing your case.
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Seeking Justice for Drunk Driving Victims in Miami
At Raposo & Lukacs, we focus on representing the injured. Our skilled legal team can make a crucial difference in helping you secure a favorable result in your claim or lawsuit.
We can:
Collect and preserve vital evidence to strengthen your case, such as police reports, witness statements, and surveillance footage.
Handle interactions with insurance companies so that you are not pressured into accepting a settlement that falls short of your needs.
Work in coordination with any ongoing criminal case to maximize the impact of evidence and testimony concerning the driver’s intoxication.
Advocate on your behalf to recover the full compensation you deserve, including negotiating settlements or representing you at trial if necessary.
Let us use our extensive experience to help you after suffering injuries that can range from multiple broken bones to traumatic brain injuries and more. Since 2011, our firm has earned a reputation for aggressive advocacy and steadfast support for those who have suffered the effects of such devastating accidents.
Contact Raposo & Lukacs at (305) 575-2177 for a free consultation with a Miami drunk driving accident attorney.
When the stakes are high, you need a legal team that won’t flinch. We are aggressive, strategic, and relentless in our pursuit of justice. Our track record speaks for itself—when we take on a case, we fight to win.
When Everything Is on the Line, We Deliver.
High-value cases demand precision, experience, and fearless representation. We take on the toughest legal battles, standing firm against powerful opponents to secure the best possible outcome for our clients.
Powerful Representation
We don’t handle minor claims—we focus on complex, high-stakes cases where the results matter most. Our firm is built on the principles of aggressive litigation, tactical strategy, and an unwavering commitment to winning.
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Your legal battle isn’t just another case to us—it’s your future, your financial security, and your peace of mind. We take a personal stake in every case we handle, fighting with determination to deliver the justice and compensation you deserve.
