Drunk Driving Accident Lawyer in Miami

Miami's nightlife districts — South Beach, Brickell, Wynwood, Coconut Grove — and the long stretches of highway connecting them produce a steady stream of impaired-driving crashes. Florida consistently ranks among the worst states in the nation for fatal alcohol-related crashes, and Miami-Dade County leads the state in raw numbers. If you have been hit by a drunk driver in South Florida, you have powerful civil remedies available — including the possibility of punitive damages and, in some cases, a separate "dram shop" claim against the bar or restaurant that overserved the driver.

The Civil Case Is Separate From the Criminal Case

The criminal DUI prosecution against the drunk driver is brought by the State of Florida and is intended to punish the driver. The civil case is yours. It is brought to compensate you for your losses — medical bills, lost income, pain and suffering, disability, and (in death cases) wrongful-death damages. The two cases proceed on independent tracks, and you do not have to wait for the criminal case to conclude before bringing your civil claim. That said, the criminal case usually produces extremely useful evidence: the police DUI report, body-camera footage, breath or blood test results, field sobriety video, and any plea or conviction.

Punitive Damages in Florida DUI Cases

Florida Statute § 768.736 specifically authorizes punitive damages against a drunk driver. If the defendant was operating the vehicle while voluntarily intoxicated (over the legal limit) and that intoxication was a substantial cause of the crash, punitive damages are available without the usual heightened pleading standards. Punitive damages are designed to punish and deter, and they often dwarf the compensatory damages in serious DUI cases.

Florida's general punitive-damages statute (§ 768.73) caps punitive damages at the greater of three times compensatory damages or $500,000 — but that cap is increased (to four times compensatory or $2 million) when the defendant's conduct was motivated by financial gain, and removed entirely when the conduct was specifically intended to harm. Drunk driving is generally treated as gross negligence sufficient to justify punitive recovery up to the standard cap.

Florida's Limited Dram Shop Liability

Florida's "dram shop" statute (§ 768.125) is narrower than in many states. A bar, restaurant, or licensed seller of alcohol generally is not liable for harm caused by an adult patron, even one who was visibly intoxicated. Florida law imposes dram-shop liability only in two circumstances:

• Service to a minor. The seller knowingly served alcohol to a person under 21, who then caused the crash.
• Service to a known habitual drunkard. The seller knowingly served alcohol to a person "habitually addicted to the use of any or all alcoholic beverages."

The "habitual drunkard" theory is harder to prove but is sometimes available against bars and restaurants in nightlife districts where bartenders knew the patron by name and his drinking pattern. Where dram-shop liability does apply, it adds a second, often well-insured defendant to the case.

Insurance Issues in Drunk Driving Cases

Most Florida private auto policies exclude punitive damages from coverage and many will deny coverage altogether for "intentional acts" — a label some carriers attempt to apply to drunk driving. The compensatory portion of your damages will typically be covered by the at-fault driver's bodily injury liability policy, and uninsured/underinsured motorist coverage on your own policy will respond if the at-fault driver is uninsured or underinsured (which, with drunk drivers, is common). We carefully evaluate every available source of recovery — the at-fault driver's primary policy, any umbrella coverage, your own UM coverage, and any potential dram-shop or employer-provided vehicle coverage.

Evidence in a Florida DUI Civil Case

• The Florida Traffic Crash Report and any DUI investigation report
• Breath, blood, and urine test results
• Body-worn camera and dashcam footage
• Field sobriety test video
• Bar and restaurant receipts, surveillance, and POS records (for dram-shop investigation)
• Cell phone records and rideshare/credit-card history showing the driver's pre-crash movements
• Witness testimony from bystanders, bar staff, and other patrons
• The driver's prior DUI history (admissible to support punitive damages)

Statute of Limitations

For drunk-driving crashes occurring on or after March 24, 2023, Florida's statute of limitations is two years from the date of the crash for personal injury claims and two years from the date of death for wrongful-death claims. Punitive damages must be specifically pleaded with supporting evidence under § 768.72.

If you or a loved one has been hit by a drunk driver in Miami-Dade, Broward, or Monroe County, the Law Offices of Albert Goodwin are here to help. Call 786-522-1411 or email [email protected] for a free consultation.