The Car Accident Lawyer in Miami, Jonathan Perazzo, answers the question, “Can You Sue a Drunk Driver?”
Yes — you can sue a drunk driver in Florida. The victim’s civil lawsuit runs completely separate from the criminal DUI case, and you do not need a criminal conviction to win compensation. What sets these claims apart is that drunk driving is one of the clearest grounds Florida courts recognize for punitive damages, which can be awarded above and beyond your medical bills, lost wages, and pain and suffering.
The stakes became painfully clear in late June 2026, when local news reported a fatal chain-reaction crash in Lantana, in Palm Beach County, allegedly caused by a suspected drunk driver who fled the scene. The matter remains under investigation. But the tragedy raises a question many Florida families face after an impaired-driving crash: what can a victim actually recover, and how?
Suing a Drunk Driver in Florida: Two Separate Legal Tracks
When an impaired driver causes a crash, two distinct legal processes can unfold at the same time, and it helps to understand how they differ.
- The criminal case is brought by the State of Florida against the driver. Its purpose is punishment — fines, license suspension, probation, or jail. The victim is a witness, not a party, and receives no money from a criminal conviction.
- The civil claim is brought by the injured victim (or a deceased victim’s family) to recover financial compensation. This is your case, and you control it.
Because the two tracks of a drunk driving accident are independent, you do not need to wait for — or win — a criminal conviction to pursue a civil claim. A DUI arrest, breathalyzer result, or conviction can be powerful evidence in your civil case, but it is not a prerequisite. Even if criminal charges are reduced or dropped, your right to sue for your injuries can remain intact. Finding out about a drunk driving claim for compensation through an experience car accident lawyer is fundamental.
Punitive Damages: What Makes a DUI Civil Claim Different
In a typical car accident, a victim recovers compensatory damages — money meant to make them whole. Drunk-driving cases can go further. Under Florida Statute § 768.72, punitive damages may be awarded when there is clear and convincing evidence of intentional misconduct or gross negligence. Florida courts have long treated driving under the influence as one of the clearest examples of conduct that can support punitive damages.
The purpose of punitive damages is different from compensation. They are designed to punish the drunk driver for reckless disregard of others’ safety and to deter similar conduct in the future. They are awarded on top of compensatory damages — not in place of them.
Punitive damages are never automatic. They may be available in a drunk-driving case, but they must be proven to the court’s satisfaction, and the amount is decided on the facts of each case. Past results do not guarantee a similar outcome. An experienced Florida car accident attorney can evaluate whether the evidence in your case supports a punitive claim.
Compensatory Damages You May Recover
Separate from any punitive award, a drunk-driving victim in Florida may pursue compensatory damages, including:
- Medical expenses — emergency care, surgery, hospitalization, rehabilitation, and future treatment.
- Lost income — wages missed during recovery and reduced future earning capacity.
- Pain and suffering — physical pain, emotional distress, and diminished quality of life.
- Property damage — repair or replacement of your vehicle and other damaged property.
When the Driver Flees or Has No Insurance
When an at-fault driver flees, cannot be identified, or carries no insurance, a victim is not necessarily left without options. Uninsured/underinsured motorist (UM/UIM) coverage on your own auto policy may provide a recovery path in exactly these situations. Reviewing your policy with an attorney early can reveal coverage you did not know you had.
Fatal Crashes: The Florida Wrongful Death Act
When a drunk-driving crash takes a life, surviving family members may bring a claim under the Florida Wrongful Death Act, Fla. Stat. § 768.16 and the sections that follow. Eligible survivors — such as a spouse, children, or parents — may seek damages for losses including lost support and services, lost companionship, and their own mental pain and suffering. Punitive damages may also be available in a wrongful death case arising from drunk driving, under the same standard discussed above.
How Fault and Deadlines Affect Your Florida Claim
Two rules shape nearly every Florida injury and wrongful death claim, and missing either can be costly.
Modified comparative negligence. Under Fla. Stat. § 768.81, as amended by HB 837 in 2023, a victim found more than 50% at fault for the crash recovers nothing. If you are 50% or less at fault, your recovery is reduced by your percentage of fault. In drunk-driving cases, the impaired driver typically bears the overwhelming share of fault — but insurers may still try to shift blame, which is why documenting the crash matters.
Statute of limitations. Under Fla. Stat. § 95.11, most negligence and wrongful death claims arising after the March 2023 reform must be filed within two years of the crash. Once that window closes, the right to sue is generally lost forever. Acting early also preserves evidence — skid marks, surveillance footage, and witness memories fade fast.
A Note on Bar and Vendor Liability
Florida’s dram shop law, Fla. Stat. § 768.125, is narrow. A bar or alcohol vendor is generally not liable simply for serving an adult who later causes a crash. Liability typically attaches only when the establishment knowingly served a minor or a person it knew was habitually addicted to alcohol. These claims are limited and fact-specific, so they warrant a careful case-by-case review.
Talk to a Florida Car Accident Attorney
If you or a loved one was hurt by an impaired driver, you do not have to sort out criminal cases, insurance coverage, and damage claims alone. Our Miami car accident lawyers handle Florida drunk-driving injury and wrongful death claims with personal attention from attorney Jonathan Perazzo — and you pay no fee unless we win. Call 888-PERAZZO or request a free case evaluation through our contact page. Past results do not guarantee a similar outcome.
Frequently Asked Questions
Can you sue a drunk driver in Florida?
Yes. An injured victim — or a deceased victim’s family — can file a civil lawsuit against a drunk driver to recover compensation. This civil claim is separate from the State’s criminal DUI case, and a criminal conviction is not required to win. A DUI arrest or conviction can, however, serve as strong evidence in the civil claim.
Are punitive damages available in a Florida drunk-driving case?
They may be. Under Fla. Stat. § 768.72, punitive damages require clear and convincing evidence of intentional misconduct or gross negligence, and Florida courts recognize driving under the influence as a strong basis for them. Punitive damages punish the driver and deter others, on top of compensatory damages — but they are never guaranteed and must be proven.
How long do I have to file a drunk-driving injury claim in Florida?
Under Fla. Stat. § 95.11, most negligence and wrongful death claims arising after the March 2023 reform must be filed within two years of the crash. Because evidence disappears quickly and exceptions are limited, it is wise to speak with an attorney as soon as possible.
What if the drunk driver fled the scene or had no insurance?
You may still have a path to recovery. Uninsured/underinsured motorist (UM/UIM) coverage on your own auto policy can apply when the at-fault driver cannot be identified, flees, or lacks insurance. An attorney can review your policy to identify available coverage.
Can my own fault reduce what I recover?
Possibly. Florida uses modified comparative negligence under Fla. Stat. § 768.81. If you are found more than 50% at fault, you recover nothing; if you are 50% or less at fault, your recovery is reduced by your percentage of fault. In drunk-driving crashes, the impaired driver usually bears the bulk of the fault.
This article is Miami personal injury attorney advertising provided by The Perazzo Law Firm for general informational purposes only. It is not legal advice and does not create an attorney-client relationship. Laws change and every case is different; you should consult a licensed Florida attorney about your specific situation. Past results do not guarantee a similar outcome.