Miami Drunk Driving Accident Lawyer

If you were hurt by a drunk driver in Miami, you may be entitled to compensation through a civil injury claim that is completely separate from the state’s criminal DUI case. You do not need a conviction to recover. And because Florida law lifts the usual cap on punitive damages when a driver was impaired, a drunk-driving claim can carry leverage that an ordinary crash case does not. The Perazzo Law Firm is available 24/7, with bilingual staff, and charges no fee unless we win.

Attorney Jonathan Perazzo and the firm’s personal injury legal team handle these claims directly. Call 888-PERAZZO anytime, day or night, for a free and confidential case evaluation.

Your Civil Claim Is Separate From the Criminal DUI Case

Your right to compensation does not depend on whether the drunk driver is convicted. The criminal case and your civil injury claim are two independent proceedings with two different jobs. The criminal case — State of Florida v. the driver — exists to punish the driver. Your civil case exists to compensate you.

They also use different standards of proof. A criminal conviction requires proof beyond a reasonable doubt — the highest bar in the law. A civil injury claim requires only a preponderance of the evidence, meaning it is more likely than not that the driver’s conduct caused your harm. That is why an injured person can pursue and recover on a civil claim even when there is no conviction, when the driver pleads to a lesser charge, or after an acquittal.

A criminal DUI conviction, if one is obtained, can be powerful evidence in your civil case. But it is not required. You may pursue a civil claim regardless of what happens on the criminal side — and you should not wait for the criminal process to finish before speaking with an attorney about your rights.

Punitive Damages: Why Miami DUI Cases Carry Extra Leverage

The single biggest difference between a drunk-driving claim and an ordinary crash claim is punitive damages. In most negligence cases, Florida caps punitive damages. In a drunk-driving case, that cap can be lifted — which changes the settlement math in the victim’s favor.

What punitive damages are

Punitive damages are separate from the money that compensates you for medical bills, lost wages, and pain. Their purpose is to punish especially reckless conduct and to deter it in the future. Choosing to drive drunk is exactly the kind of conduct the law treats as more than an ordinary mistake.

The Florida DUI carve-out (§ 768.736)

Florida Statute § 768.736 states that the punitive-damages limits in §§ 768.725 and 768.73 “do not apply to any defendant who, at the time of the act or omission for which punitive damages are sought, was under the influence of any alcoholic beverage or drug to the extent that the defendant’s normal faculties were impaired, or who had a blood or breath alcohol level of 0.08 percent or higher.” In plain terms: the dollar and multiplier ceilings that restrain an ordinary negligence case do not restrain an impaired driver.

To see the size of that advantage, consider the general cap. Under § 768.73(1)(a), a punitive award in a typical case “may not exceed the greater of” three times the compensatory damages awarded to each claimant, or “the sum of $500,000.” Section 768.736 removes that ceiling for drunk-driving defendants.

An important honesty point

Uncapped does not mean automatic. Section 768.736 removes the cap; it does not remove the requirement to earn punitive damages. Under § 768.72(1), “no claim for punitive damages shall be permitted unless there is a reasonable showing by evidence in the record or proffered by the claimant which would provide a reasonable basis for recovery of such damages,” and § 768.72(2) allows a defendant to be held liable for punitive damages “only if the trier of fact, based on clear and convincing evidence,” finds the required misconduct. Punitive damages must always be pleaded and proven — never assumed. What the law gives a drunk-driving victim is leverage, not a guaranteed payout, and that leverage is real when the facts support it.

Who Can Be Held Liable for a Miami Drunk-Driving Crash

The car accident lawyer in Miami, JP, understands that the impaired driver is the primary target of a claim, but they are not always the only one. Depending on the facts, more than one party may share responsibility for your injuries.

• The impaired driver — the person who chose to drive under the influence and caused the crash.
• An employer — if the driver was working at the time, a company may share liability for its employee’s conduct.
• A vehicle owner — where someone entrusted a vehicle to an unfit or impaired driver.
• An alcohol vendor — but only in narrow circumstances Florida law allows (explained below).

Florida’s limited dram-shop law (§ 768.125)

Florida is a limited dram-shop state. Section 768.125 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.” Unlike broader dram-shop states, a Florida venue is usually not on the hook simply for over-serving an adult.

The same sentence of § 768.125 carves out two narrow exceptions. A vendor may become liable if it:

1. “willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age” (under 21); or
2. “knowingly serves a person habitually addicted to the use of any or all alcoholic beverages.”

Because § 768.125 is written around any “person who sells or furnishes” alcohol, those same two exceptions frame the analysis when a private host, rather than a bar, supplied the drinks. These are fact-intensive questions. Part of our job is investigating whether any of these narrow paths applies to your case.

Compensation You Can Pursue

If a drunk driver injured you, you may be able to pursue several categories of compensation. The value of any claim depends on its specific facts — the following are the factors that influence what a case may be worth, not a promise of any amount.

Economic damages

• Past and future medical bills, surgery, and rehabilitation
• Future care and long-term treatment costs
• Lost wages and diminished earning capacity
• Out-of-pocket expenses and property damage

Non-economic damages

• Pain and suffering and mental anguish
• Loss of enjoyment of life
• Disfigurement and permanent scarring
• Inconvenience and disruption to daily life

Punitive damages

As explained above, punitive damages may be available in drunk-driving cases and, under § 768.736, are not subject to the usual statutory caps — provided they are properly pleaded and proven. This is the added leverage that can raise the pressure on an insurer to resolve a case fairly.

Wrongful death (fatal crashes)

When a drunk driver takes a life, the Florida Wrongful Death Act allows certain surviving family members and the estate to recover. Under § 768.21, each survivor may recover “the value of lost support and services from the date of the decedent’s injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value”; a surviving spouse may also recover “for loss of the decedent’s companionship and protection and for mental pain and suffering from the date of injury”; and minor children may also recover “for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury.” The same statute requires that “all potential beneficiaries of a recovery for wrongful death, including the decedent’s estate, shall be identified in the complaint.” If you lost a loved one, our Miami wrongful death lawyer team can explain your family’s rights.

Florida Deadlines You Can’t Miss

In Florida, the deadline to file a personal-injury negligence lawsuit is two years. Section 95.11(5)(a) places “an action founded on negligence” in the statute’s two-year subsection, and § 95.11(5)(e) does the same for “an action for wrongful death.” That two-year window came from the tort-reform bill HB 837, which the Florida Senate’s official bill record lists with an effective date of 3/24/2023; before it, the negligence period was four years.

There is nuance here. Claims that accrued before March 24, 2023 may still fall under the old four-year window. Because these timing rules can be complicated and missing a deadline can end a valid claim permanently, do not try to calculate your own deadline. Speak with an attorney about your specific situation as soon as possible so critical evidence and your legal rights are preserved.

Comparative Fault in Florida

Insurers for drunk drivers sometimes try to shift blame onto the victim to reduce what they pay. Florida now follows modified comparative negligence: under § 768.81(6), “any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages.” A person 50% or less at fault can still recover, with the award reduced by their share of fault.

In a clear drunk-driving case, the injured party is often low-fault, which is favorable — but fault is decided on the evidence, not assumed. Building a strong record early is one of the most important things a lawyer does to protect you from an unfair fault argument.

What To Do After a Miami Drunk-Driving Crash

The steps you take in the hours and days after a crash can protect both your health and your claim. Use this as a roadmap.

1. Check yourself and others for injuries and move to safety if you can.
2. Call 911 — request police and medical help, and make sure a report is created.
3. Do not admit fault or downplay your injuries to anyone at the scene.
4. Document the scene — photos of vehicles, damage, road conditions, and any signs of impairment.
5. Get names and contact information for witnesses.
6. Seek medical attention right away, even if you feel “okay” — some injuries surface later, and Florida PIP medical benefits are payable only “if the individual receives initial services and care… within 14 days after the motor vehicle accident” under § 627.736(1)(a).
7. Notify your insurer with basic facts only; avoid giving a recorded statement first.
8. Keep every bill, record, and receipt related to the crash.
9. Contact a drunk-driving injury attorney before speaking further with the other driver’s insurer.

Impaired Driving in Miami and Across Florida

Impaired driving is not a rare event that happens to other people. The Centers for Disease Control and Prevention reports that “in 2022, 13,524 people were killed in motor vehicle crashes involving alcohol-impaired drivers, accounting for 32% of all traffic-related deaths in the United States,” and that “37 people in the United States are killed every day in crashes involving an alcohol-impaired driver — this is one death every 39 minutes.” Roughly a third of the country’s road deaths, in other words, involve a driver who had been drinking.

That national picture matters locally for a specific reason. The 0.08% threshold the CDC describes as the standard legal BAC limit is the same figure § 768.736 uses to strip the punitive-damages cap off a Florida defendant. The number that makes a driver legally impaired is the number that opens up your civil leverage.

If you were injured in a crash on I-95, the Palmetto, US-1, or any Miami-area road, our firm can also help with the broader crash-claim process. Learn more from our Miami car accident lawyer page.

Frequently Asked Questions

Can I sue a drunk driver if they were not convicted?

Yes. Your civil injury claim is separate from the criminal case and uses a lower standard of proof — a preponderance of the evidence rather than proof beyond a reasonable doubt. You may pursue compensation whether the driver is charged, convicted, acquitted, or pleads to a lesser offense. A conviction can help your civil case, but it is not required to recover.

What makes a drunk-driving claim different from an ordinary crash claim?

Punitive damages. Under Florida § 768.736, the § 768.73 caps do not apply to a defendant who was impaired or “had a blood or breath alcohol level of 0.08 percent or higher.” Those damages still have to be properly pleaded and proven by clear and convincing evidence, but the possibility of uncapped punitive damages can give a drunk-driving victim meaningful leverage in negotiations.

Can I sue the bar that served the drunk driver?

Usually not, but sometimes. Florida’s limited dram-shop law, § 768.125, generally shields those who serve adults of lawful drinking age. A vendor may become liable only in the statute’s two carve-outs: willfully and unlawfully furnishing alcohol to someone not of lawful drinking age, or knowingly serving a person habitually addicted to alcohol. Whether either applies depends on the facts, which is why an investigation matters.

How long do I have to file a claim in Florida?

For most injury negligence claims that accrued after March 24, 2023, the deadline is two years under § 95.11(5)(a); wrongful-death claims sit in the same two-year subsection, at § 95.11(5)(e). Some older claims may fall under the prior four-year rule. Because these deadlines are strict and the details matter, you should speak with an attorney promptly rather than calculating the deadline yourself.

What if the drunk driver has little or no insurance?

You may still have options. Recovery can come from your own uninsured/underinsured motorist (UM/UIM) coverage, from other potentially liable parties, or, in narrow cases, a dram-shop defendant. Florida’s PIP system also provides a layer of no-fault coverage: § 627.736(1) sets “a limit of $10,000 in medical and disability benefits and $5,000 in death benefits,” and pays “eighty percent of all reasonable expenses for medically necessary” care within that limit. An attorney can identify every available source of recovery in your specific situation.

How much does it cost to hire The Perazzo Law Firm?

Nothing upfront. We work on a contingency basis — no fee unless we win your case. The initial case evaluation is free and confidential, and you can reach us 24/7 with bilingual staff. This lets you focus on recovery instead of worrying about legal bills.

Talk to a Miami Drunk Driving Accident Lawyer Today

You did not choose this. A drunk driver did. What you can choose now is to protect your rights and let someone stand between you and the insurance companies while you heal.

• Free, confidential case evaluation — available 24/7
• No fee unless we win, zero upfront costs
• Bilingual staff — English and Español
• Licensed in Florida, Georgia, and Texas
• Offices serving Miami and Atlanta

Call 888-PERAZZO or request your free consultation at our contact page. The sooner we begin, the more we can do to preserve evidence and protect your claim.

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This page is Miami car accident attorney advertising and is provided for general information only; it is not legal advice and does not create an attorney-client relationship. Prior results do not guarantee or predict a similar outcome in any future case. Every case is different and must be evaluated on its own facts. The Perazzo Law Firm serves clients in Miami, Florida and Atlanta, Georgia.