Miami Drunk Driving Accident Attorneys
We Can Hold Negligent Drivers Responsible
Millions of Americans understand the negative consequences that come with
drinking and getting behind the wheel. Not only is drunk driving illegal
in the United States, meaning you can be fined and arrested, but it can
also lead to accidents resulting in serious injuries and fatalities. Unfortunately,
countless people still drink and drive, putting the lives of others at
risk. According to the Centers for Disease Control and Prevention (CDC),
29 people die every day in
car accidents caused by alcohol-impaired drivers, which equates to one death occurring
every 50 minutes.
Rossman, Baumberger, Reboso & Spier, P.A. has more than 200 years of collective experience that we can put to work
for you after you’ve been injured by a drunk driver. While drunk
drivers may be facing penalties for their crimes, you will need to file
a civil claim, or
personal injury claim, to secure financial compensation for your damages. Our Miami drunk driving
accident lawyers can help you through the process.
(305) 900-5493 to access your free consultation after you’ve been injured by a
negligent driver, or fill out our online
form. Our drunk driving accident lawyers in Miami are committed to helping
our Florida-based clients.
Florida’s DUI Laws
In the state of Florida, drivers can be arrested for driving under the
influence (DUI) if they are found to be operating a vehicle with a blood
alcohol concentration (BAC) of .08% or higher. Drivers found to be in
violation of state laws can face jail time, fines, license revocation,
and be required to use an ignition interlock device (IID) depending on
The breakdown of penalties are as follows:
First offense: Drivers may receive up to 6 months of jail time, fines from $500 to $1,000,
license revocations of 180 days to one year, and IID for 6 months, especially
if the driver BAC was .15% or more.
Second offense: Convicted drivers receive up to 9 months of jail time, fines from $1,000
to $2,000, license revocations of 180 days to one year, and be required
to use an IID for five years.
Third offense: After three or more DUIs, the DUI is now a felony and will require 30
days to five years in jail, fines set to at least $4,000, and a ten-year
driver’s license revocation.
If you, the victim, wish to receive compensation, you will need to file
a civil claim, which is separate from a criminal charge. You may be able
to seek compensation for damages like medical expenses, pain and suffering,
lost wages, property damage, and more.
What to Do After a Drunk Driving Accident
It’s important to follow certain steps after being hit by a drunk
driver in order to get the help you need and have an opportunity to win
your personal injury case. After pulling over, you must first seek medical
attention if you are injured and call 911 for assistance. Calling the
authorities is crucial because a police report and additional documentation
can be used later when you file a lawsuit.
When you communicate with the at-fault driver, it’s important to
document your observations. Did the driver seem inebriated? Write down
what you smell, hear, and see. You can also inform the police if you suspect
the driver is drunk – from there, the police can measure the driver’s
If you’re able, use your phone to take photos of the accident scene
and damage to your vehicle. If there are witnesses, taking down their
information so they can be contacted later to give their statements can
help your case.
What Happens If the Drunk Driver is Underage?
While in Florida, drivers aren’t allowed to have a BAC of .08% or
more, drivers under the age of 21 are prohibited from having a BAC of
.02% or more. If the driver is underage their violation won’t be
considered a criminal offense. However, the driver will have their license
suspended for six months (or a year, if it’s a second offense).
The underage driver must also complete a DUI education program in order
to reinstate their license.
If you were injured by an underage drunk driver, different parties can
be held responsible. In many cases, parents may be held accountable for
their children’s driving, but Florida’s dram shop laws allowed
injured individuals to seek compensation from the establishment that served
alcohol to the at-fault driver. If a bar, for example, served the driver
knowing they were a minor and/or they were inebriated, they may be at fault.
When Do Drunk Driving Accidents Most Commonly Occur?
Studies conducted by the National Highway Traffic Safety Administration (NHTSA)
in 2011 show that most drunk driving accidents occur
between the hours of midnight and 3am. Data shows that during this timeframe about
55% of drivers involved in fatal crashes were alcohol-impaired at the time.
One way that you can avoid being involved in a drunk driving accident
is by staying off the roads late at night.
How Can You Recognize The Signs of a Drunk Driver?
Knowing how to recognize a drunk driver on the road can help you not only
avoid being in an accident, but also report the driver before they hurt
somebody else. Here are seven common signs that someone is driving while
under the influence:
- They rapidly accelerate or decelerate or brake suddenly without cause
- They are tailgating other drivers
- They are weaving across the road or struggling to stay in their own lane
- They have delayed reactions to traffic signals
- They are driving significantly under the speed limit
- They are driving on the wrong side of the road or into oncoming traffic
- They strike or almost strike the curb, other vehicles, or objects
If you believe you see a drunk driver on the road, report them immediately
by calling 911 and providing them with a description of your whereabouts
and the drunk driver's vehicle.
You and your loved ones deserve justice after a traumatic accident. Call
our drunk driving accident attorneys in Miami to begin filing your claim at