Call Now For A Free Consultation 24/7 (941) 954-1234

How To Prove A Drunk Driving Accident In Florida


We know that people cannot help but have fun in Southwest Florida, but a number of drinks can cause a lot of problems and devastating accidents. Driving under the influence (DUI) or drunk driving is one of them.

America marks around 10,000 lost lives annually because of drunk driving. This includes the car drivers, passengers, and pedestrians. Being a victim of drunk driving is understandably frustrating, knowing that you are harmed because of someone else’s negligence. The next best course of action when you find yourself involved in this unfortunate incident is to know how to protect yourself. From lawsuits to insurance coverage, here are the things that you should keep in mind:

Proving The Driver Is Under The Influence

The first thing that the perpetrator can do is to deny that they are drunk or under the influence. Being under the influence is not limited to just the intake of alcoholic beverages. It could also mean that they are under the influence of drugs that are inhibiting normal sensory and bodily functions.

Authorities like the police who responded to the accident can presume that a driver is drunk or has taken drugs based on “reasonable suspicion.” This can be counted when there are obvious signs of drunkenness and failure to respond normally to questions or actions. The strong smell of alcohol and the presence of physical evidence such as beer bottles and drug packs can also be counted under reasonable suspicion.

If authorities fail to arrest the DUI driver based on reasonable suspicion, then a BAC or Blood Alcohol Concentration test can be conducted. While Florida law does not require BAC tests, the decision to make the perpetrator take it will be decided by the authorities in charge. As a DUI victim, you can request for a BAC test to be conducted. When the result of the BAC test shows that the driver’s unlawful blood alcohol level is at 0.8 or more, they are considered as DUI and are subjected to face legal charges.

Filing For Personal Injury Charges

Being arrested and facing criminal charges does not give the victims the rightful compensation they deserve. Florida law states that people who are involved in auto-related accidents will automatically be covered by their own Personal Injury Protection insurance plan. However, under Florida law, you can only claim compensation if you sustained permanent injuries or if there is death.

Filing for personal injury charges will allow you to demand compensation for damages. This includes your medical bills and other property damages that are related. When it comes to this, contact a personal injury lawyer to assist you when filing a lawsuit against the negligent driver.

Our priority is to give you the justice you deserve and to claim the compensation that you are entitled to. If you are in the Sarasota / Bradenton area on Florida’s west coast, contact the personal injury attorneys who have won more than $500 million dollars for their clients, and get your free case review today.

Stephen M. Fernandez developed a strong belief in justice and fairness in public policy while earning his Political Science degree prior to attending law school. Since joining the Florida Bar Association in 2004, Stephen Fernandez has combined his background in public policy, business administration and civil law to serve as a highly effective trial lawyer fighting for Florida's injured, working hard every day to make sure his clients get what they are owed.

How To Prove A Drunk Driving Accident In Florida

Goldman Babboni Fernandez
Murphy & Walsh




Attorney Case Review
Get The Justice
You Deserve

Free Attorney Consultation

Law offices
Near you

Serving All Of Southwest Florida