Miami Drunk Driving Accident Lawyer
If you were injured by a driver who may have been under the influence of alcohol or drugs, a Miami Drunk Driving Accident Lawyer can investigate both how the crash happened and the evidence showing whether impairment contributed to it. Unlike many ordinary accident claims, these cases may involve DUI investigation records, breath or blood testing, bodycam footage, witness accounts, and questions about punitive damages or additional responsible parties.
Gimenez & Carrillo, LLC represents people injured in impaired-driving crashes throughout Miami and Miami-Dade County. We can investigate the civil injury claim even while a separate criminal DUI case is pending.
Call (305) 444-3000 or Request a Free Initial Consultation. Hablamos Español.
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Serving Miami-Dade County
Main office at Waterford District Dr.
Hablamos Español
Consultas en español, sin costo.
Over 30 Years of Experience
Florida injury claims since 2010.
How Impaired Driving Changes a Car Accident Claim
When alcohol or drug impairment may have contributed to a crash, the injury claim can involve evidence and legal questions that do not arise in many ordinary car accident cases.
Important questions may include:
- Was the driver impaired by alcohol, drugs, prescription medication or a combination of substances?
- What evidence supports the claim of impairment?
- Did impairment contribute to speeding, delayed reactions, lane departures or another unsafe driving behavior?
- Was the driver arrested or investigated for DUI?
- Could another person, business or employer share legal responsibility?
- Could the circumstances support a claim for punitive damages?
These issues can make an impaired-driving claim more evidence-intensive than a routine negligence case.
For broader information about automobile injury claims, see our Miami Car Accident Lawyer page.
Evidence That May Show a Driver Was Impaired
Evidence of impairment can come from several sources. What is available will depend on the circumstances of the crash and the investigation that followed.
Police Observations
Law enforcement officers may document observations such as:
- odor of alcohol
- slurred speech
- balance problems
- confusion or unusual behavior
- statements or admissions
- open containers or suspected drugs
- driving behavior observed before or after the collision
Those observations may become relevant to both the criminal DUI investigation and the later civil injury claim.
Field Sobriety Testing
Police may conduct standardized or other roadside sobriety exercises as part of a DUI investigation.
The fact that testing occurred does not by itself establish civil liability. However, police reports, officer observations, video and other records surrounding the testing may provide evidence about the driver’s condition after the crash.
Breath, Blood or Urine Testing
Depending on the circumstances, chemical testing may provide evidence concerning alcohol or drugs.
In serious or fatal crashes, Florida law also contains provisions governing certain forms of testing when law enforcement has probable cause to believe an impaired driver caused the injury or death.
Whether a particular test result is available or useful in a civil case depends on the facts and applicable evidentiary rules.
Bodycam and Dashcam Video
Police bodycam or dashcam footage can preserve details that may be difficult to reconstruct later.
Video may show:
- speech and coordination
- interaction with officers
- field sobriety exercises
- statements made by the driver
- conditions at the crash scene
Because some recordings and records may be subject to retention policies, identifying potentially important evidence early can matter.
Witness Statements
Witnesses may have seen the vehicle before the collision or interacted with the driver beforehand.
They may describe:
- weaving or erratic driving
- excessive speed
- running a traffic signal
- driving in the wrong direction
- unusual behavior
- statements made after the crash
Witness testimony may help connect suspected impairment with the driving behavior that caused the collision.
Evidence Showing Where the Driver Was Drinking
When alcohol consumption before the crash is relevant, evidence may include:
- bar or restaurant receipts
- credit-card records
- surveillance footage
- timestamps
- witness testimony
- other purchase records
This evidence does not automatically make the establishment responsible. Florida law significantly limits when a business that furnishes alcohol may be held liable.
Cell Phone and Other Digital Evidence
In appropriate cases, lawfully obtained digital evidence may help reconstruct the driver’s activity before the collision.
That could include communications, photographs, rideshare activity, location-related information or other records connected to where the driver had been and what occurred before the crash.
Medical and Toxicology Evidence
Medical records or toxicology results may also become relevant when legally obtainable and connected to the accident.
No single type of evidence is present in every impaired-driving case. The investigation should focus on what actually happened.
Does a DUI Arrest Automatically Prove Fault?
No.
A DUI arrest can provide important evidence that impairment was suspected, but an arrest is not a final determination of civil liability.
The civil claim still requires an examination of how the collision occurred and whether the other driver’s conduct caused the injuries.
For example, evidence that a driver had been drinking may be important, but evidence showing that the driver crossed the center line, ran a red light, failed to brake or otherwise caused the collision can establish how the suspected impairment relates to the crash.
What If the Driver Is Never Convicted of DUI?
You may still have a civil injury claim even if the driver is never convicted of DUI.
A criminal DUI prosecution and a civil injury claim are separate proceedings.
Criminal DUI Case vs. Civil Injury Claim
| Criminal DUI Case | Civil Injury Claim |
| Brought by the government | Brought by the injured person |
| Focuses on criminal violations | Focuses on civil responsibility |
| May result in criminal penalties | May result in compensation |
| Uses the criminal burden of proof | Uses the applicable civil burden |
| Controlled by prosecutors | Pursued separately by the injured person |
A dismissal, plea agreement, reduced charge or acquittal does not automatically determine the outcome of the civil injury claim.
The civil case can still be evaluated using evidence from the collision, the DUI investigation and other available sources.
Injured by a suspected impaired driver?
You do not necessarily have to wait for a criminal case to end before understanding your civil options. Call Gimenez & Carrillo at (305) 444-3000 or request a free consultation.
Can Punitive Damages Apply in a Drunk Driving Accident Case?
Potentially, but punitive damages are not automatic after a DUI crash.
Punitive damages are different from compensation for medical expenses, lost income, pain and suffering and other losses. They are intended to address particularly serious misconduct.
Florida law has specific rules governing when punitive damages may be pursued. It also contains provisions specifically addressing defendants whose normal faculties were impaired by alcohol or drugs or whose blood or breath alcohol level met the statutory threshold.
Whether punitive damages may be appropriate depends on the evidence and circumstances of the individual case.
What If the Driver Was Impaired by Drugs Instead of Alcohol?
An impaired-driving injury claim is not limited to alcohol.
A crash may involve:
- illegal drugs
- controlled substances
- prescription medications
- combinations of drugs
- drugs combined with alcohol
The important question is not simply whether a substance was present.
The investigation may examine whether the substance impaired the driver’s normal faculties and whether that impairment contributed to the unsafe driving that caused the collision.
Evidence may include toxicology results, police observations, video, witness statements, medical evidence and statements from the driver.
A drug-impaired driving accident can therefore require a different investigation from a case based primarily on alcohol consumption.
Hurt in a Miami Car Accident?
Understand Your Options.
You may be facing medical bills, missed work, insurance paperwork, and important decisions while you are still recovering.
Gimenez & Carrillo can review the accident, discuss the insurance coverage involved, and explain the options that may be available based on your circumstances.
Call (305) 444-3000 for a free initial consultation with a Miami car accident lawyer.
Can a Bar or Restaurant Be Held Responsible?
Sometimes, but Florida law allows these claims only in limited situations.
A bar or restaurant is not automatically responsible simply because it served alcohol to someone who later caused a crash.
Florida law generally limits liability to particular circumstances, including certain situations involving underage drinkers or a person known to be habitually addicted to alcohol.
Whether one of those exceptions applies usually requires a fact-specific investigation.
When the facts support further review, evidence may include receipts, surveillance footage, witnesses, payment records and other information about where and when alcohol was furnished.
What If the Impaired Driver Was Working?
A crash involving an employee may require an investigation beyond the driver’s personal conduct.
Potential situations can include:
- delivery drivers
- commercial drivers
- employees using company vehicles
- workers traveling as part of their job duties
Relevant questions may include:
- Who owned the vehicle?
- Was the driver an employee or independent contractor?
- What was the driver doing at the time of the crash?
- Was the activity connected to the driver’s work?
- Was the driver acting within the scope of employment?
- Are separate commercial or employer insurance policies involved?
Employment does not automatically make an employer responsible. The driver’s relationship with the business and the activity taking place when the collision occurred can affect whether an additional claim exists.
For more information when that issue is involved, see Miami Company Vehicle Accident Lawyer.
What If the Drunk Driver Has Little or No Insurance?
A DUI arrest does not mean the driver has enough insurance to pay for the injuries they caused.
When the impaired driver has little or no usable liability coverage, the investigation may need to identify other available insurance or legally responsible parties.
Potential sources may include:
- the driver’s liability coverage
- uninsured motorist coverage
- underinsured motorist coverage
- coverage associated with another vehicle owner
- commercial or employer policies
- insurance available through another legally responsible party
Whether a particular policy applies depends on its terms and the facts of the accident.
When insufficient insurance becomes a major issue, see Miami Uninsured Motorist Accident Lawyer.
Why Impaired-Driving Crashes Can Cause Serious Injuries
Alcohol or drug impairment can affect judgment, coordination, perception and reaction time.
An impaired driver may speed, fail to brake, cross lanes, run a traffic signal or even drive in the wrong direction.
When those behaviors lead to a high-speed or high-force collision, injuries can include traumatic brain injuries, spinal injuries, fractures, internal injuries and permanent impairment.
The severity of any particular crash depends on factors such as speed, impact angle, vehicle type and occupant position.
Fatal Drunk Driving Accidents
When an impaired-driving collision results in death, surviving family members may face legal issues that differ from those involved in a nonfatal injury claim.
A wrongful-death case may involve evidence from the DUI investigation along with questions about the losses recoverable by qualifying survivors and the estate.
For more information, see our Miami Wrongful Death Lawyer page.
Impaired-Driving Accidents in Miami
Impaired-driving crashes can occur throughout Miami-Dade County, from major expressways such as I-95, SR 826, SR 836 and Florida’s Turnpike to heavily traveled roads including US-1, Biscayne Boulevard, Flagler Street and SW 8th Street.
Late-night traffic around areas such as Downtown Miami, Brickell, Wynwood, Miami Beach and Coconut Grove can also create situations where drivers leaving restaurants, bars, events or entertainment districts share the road with residents, commuters, pedestrians and visitors.
How Gimenez & Carrillo Investigates Drunk Driving Accident Claims
Impaired-driving cases can involve several different sources of evidence and potential liability. Gimenez & Carrillo can investigate those issues as part of the civil claim.
DUI and Impairment Evidence
The investigation may include:
- police reports
- DUI investigation records
- bodycam and dashcam footage
- breath, blood or toxicology evidence
- witness accounts
- available records concerning alcohol or drug use
Additional Liability and Insurance
Depending on the circumstances, the firm may also investigate:
- vehicle ownership
- employer involvement
- commercial insurance
- uninsured or underinsured motorist coverage
- other legally responsible parties
Building the Civil Claim
The firm can also work to:
- document injuries and financial losses
- evaluate punitive-damages issues
- communicate with insurers
- preserve relevant evidence
- coordinate the civil claim while a criminal proceeding may be pending
- pursue litigation when appropriate
Angel L. Gimenez, Esq. and Jose I. Carrillo, Esq. can evaluate the evidence surrounding the crash, available insurance and civil issues that may arise when alcohol or drug impairment is involved.
What Our Clients Say
Choosing a law firm after an accident is an important decision. Verified client reviews can help prospective clients learn about the experiences of people who have previously worked with Gimenez & Carrillo.
Vanessa A.
⭐⭐⭐⭐⭐
I highly recommend this law firm! A special thank you to Joselyn for her outstanding support throughout my car accident case. She was professional, kind, responsive, and always kept me informed every step of the way. The entire team worked hard to achieve the best possible outcome, making a stressful situation much easier to handle. I’m truly grateful for their dedication and excellent service. Thank you, Joselyn, and the whole team!
Maricela L.
⭐⭐⭐⭐⭐
Thank you to Giménez and Carrillo low firm for providing the best advocacy on my behalf on a difficult time. Unfortunately, I was in a car accident, and was referred to this office by a friend.They are very profesional , honest and knowledgeable team. As a person that had no experiences, Mr. Angel and his associates confidently guided me through the process. I am very confident that my best interest is their top priority; I would recommend this office for the best of services to anyone.
John G. P.
⭐⭐⭐⭐⭐
I can’t thank The Gimenez and Carillo team enough for the amazing way they took care of me after my car accident. From day one, they treated me with respect and compassion, always making sure I understood every step of the process. Their customer service was outstanding – they were always available to answer my questions, kept me updated, and truly made me feel like a priority. Would 100% recomend!!!
Testimonials describe individual client experiences. Past results and prior client experiences do not guarantee a similar outcome.
Frequently Asked Questions About Miami Drunk Driving Accidents
No. A DUI arrest can provide evidence that impairment was suspected, but the civil claim still requires an examination of how the crash occurred and whether the driver’s conduct caused the injuries.
Potentially, yes. The criminal DUI case and the civil injury claim are separate proceedings with different purposes and burdens of proof. A DUI conviction is not necessarily required to pursue a civil claim.
Not necessarily. The criminal case and civil claim proceed separately. Waiting can also create problems if important evidence needs to be preserved or a civil deadline is approaching.
Potentially. Evidence developed during a DUI investigation may also become relevant to the civil injury claim. Depending on the circumstances, police reports, officer observations, bodycam footage, witness statements and chemical-test results may help establish what happened and whether impairment contributed to the crash.
Possibly. Florida law has specific rules governing punitive damages, including provisions involving defendants impaired by alcohol or drugs. Punitive damages are not automatic and depend on the evidence and circumstances.
Drug impairment can also be relevant. A case may involve illegal drugs, controlled substances, prescription medication or combinations of drugs and alcohol. Toxicology results, police observations and other evidence may help establish impairment.
Florida allows these claims only in limited circumstances. A business is not automatically responsible simply because it served alcohol to someone who later caused a crash.
The driver’s employment, vehicle ownership and activity at the time of the crash may affect whether an employer, vehicle owner or commercial insurance policy becomes relevant.
Other coverage may need to be investigated, including uninsured or underinsured motorist coverage, vehicle-owner policies, commercial insurance or coverage associated with another legally responsible party.
Florida law generally provides a two-year limitations period for negligence claims, although the applicable deadline can depend on the type of claim and the circumstances. Evidence can also become harder to obtain over time, so waiting for the DUI criminal case to end may create unnecessary risk.
Speak With a Miami Drunk Driving Accident Lawyer
If you were injured by a driver who may have been impaired by alcohol, illegal drugs, prescription medication or another substance, the evidence surrounding the driver’s condition can become an important part of your injury claim.
Gimenez & Carrillo, LLC can review the crash, available DUI evidence, insurance coverage and other issues that may affect your civil claim.
Call (305) 444-3000 or Request a Free Initial Consultation. Hablamos Español.