Florida – October 29, 2020

According to a report by the National Highway Traffic Safety Administration, 3,133 people died in car accidents in Florida in 2018, and 814 of those accidents were caused by drunk driving which is a slight decrease from the 841 alcohol-related deaths that occurred in 2017. About a third of all United States traffic crash deaths involved drunk drivers with blood alcohol levels of .08 g/dL or higher, although lower blood alcohol levels can impair driving and cause accidents as well.  Blood alcohol levels are measured with a breathalyzer, or by a blood test.

Drunk driving.

Enforcement efforts to curb drunk driving accidents include charges spanning from misdemeanor to felony offense classifications.  The penalties for drunk driving depend on factors including blood alcohol level, age, and repeat offender status to name a few.  The outcome involves costly fines, driver’s license revocation, and jail time when warranted.  Experienced legal counsel can assist drunk drivers with effective representation in court, or through communications with insurance companies and accident victims.

Legal charges.

A person is guilty of the offense of operating a vehicle under the influence of alcohol when driving is affected to the extent that physical faculties are impaired, and Florida Statute 316.193 addresses the laws against driving under the influence in Florida, and outlines penalties:

  • The impaired drive has a blood alcohol level of .08 or more grams of alcohol per 100 milliliters of blood,
  • The person has a breath-alcohol of .08 ore more grams of alcohol per 210 liters of breath.

If an individual is arrested after being involved in an accident while drunk, and causing property damage to a stolen vehicle, criminal charges will be made against them and all remedies by the State of Florida regarding the criminal offense will be sought after. A criminal defense lawyer can evaluate the case and see if there is a way to plea down charges.

  • Damage to property or person of another is considered a misdemeanor of the first degree,
  • Serious bodily injury to another is considered a felony of the third degree,
  • Hit and run could yield very serious penalties in accordance withFlorida Statute § 316.062,
  • Death to any other human could be considered DUI manslaughter and is considered a felony of the second degree; or a felony of the first degree when a drunk driver was aware of the crash and did not give information, or assistance as required by law.

Damages.

If the accident yielded any type of damage to another party, drunk drivers could also face legal action through a civil suit to recover compensation for any loss sustained.  Monetary settlements are meant to cover significant medical expenses, loss of wages, or other life-altering events that can negatively affect an individual’s livelihood, as well as wrongful death claims filed by attorneys for compensation not covered by insurance companies after an automobile accident.

Seek legal counsel.

Hiring a knowledgeable experienced criminal law attorney is imperative for successful navigation of any criminal charges and civil actions in order to yield the best outcome after a drunk driving accident.  Call the Law Office of Gabriela C. Novo, P.A., Attorney at Law for a free consultation and guidance with your civil and criminal charges after DUI results in an accident.

 

Gabriela C. Novo, P.A., Attorney at Law

Address: 200 S.E. 6th Street, Suite 102
Ft. Lauderdale, FL 33301

Office(954) 523-4100

Phone: (954) 822-5198

Fax: (954) 208-0278

Sources:

https://www.cdc.gov/motorvehiclesafety/impaired_driving/impaired-drv_factsheet.html

https://www.nhtsa.gov/search?keywords=Florida+drunk+driving

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.193.html

0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply

Your email address will not be published. Required fields are marked *