Florida Mediation and Personal Injury Attorney

DUI Attorney in Florida

In Florida, you can be deemed as driving under the influence even when your BAC level is below .08%
In Florida, a person can be deemed as driving under the influence even when their BAC level is below .08%

Drunk drivers cause thousands of preventable car crashes every year in Florida, many of which are fatal. Impaired motorists willfully and recklessly endanger the lives of others. Here at Rick Kolodinsky, P.A., our experienced Florida DUI attorney is committed to fighting for the rights of those whose lives were altered due to drunk driving car accidents. 

What are Florida’s DUI laws?

Drunk driving is a serious offense in Florida. Specifically, Florida DUI laws make it illegal to drive a motor vehicle with a blood alcohol concentration (BAC) of .08% or higher. 


However, according to Florida Statutes Section 316.193, a person may be deemed as driving under the influence even when their BAC level is below .08% if impairment affects their “normal faculties” and prevents them from being able to operate a vehicle safely. 


While drivers charged with DUI face harsh criminal penalties in Florida, this does not help people who have been injured or died as a result of the drunk driver’s conscious disregard for the safety of others. That’s where Florida DUI attorney Rick Kolodinsky, P.A. comes in: to help victims seek full compensation for their damages. 

How to seek compensation after a drunk driving accident in Florida? 

Under Florida Statutes Section 775.089, a criminal court may order the drunk driver to make restitution to the victim for:

  1. Any damages or losses caused directly or indirectly by the impaired motorist’s offense; and
  2. Any damages or losses related to the drunk driver’s criminal episode. 

In addition, an injured victim can seek compensation for their damages and losses through their own insurance company. Under the Florida Statutes Section 627.736, Florida is a “no-fault” auto insurance state that requires all motorists to carry Personal Injury Protection (PIP) coverage. So injured victims can turn to their own PIP coverage to recover damages following a car crash regardless of fault. 


Beyond the state’s no-fault auto insurance law, an injured victim can file a personal injury lawsuit against the drunk driver if their injury is considered “serious” or their damages and losses exceed the amount of their own PIP coverage – the minimum requirement for auto insurance coverage in Florida being $10,000 in personal injury protection (PIP). 


Under the Florida Statutes Section 627.736, your injury meets the definition of a “serious injury” if you suffered: 

  • Significant and permanent loss of a vital bodily function;
  • Permanent injuries within a reasonable degree of medical probability; 
  • Serious and permanent scarring or disfigurement; or
  • Death. 

Third-party liability for DUI accidents in Florida

Florida's dram shop law can hold an alcohol establishment responsible for damages resulting from a DUI car accident.
Florida's dram shop law can hold an alcohol vendor responsible for DUI car accident damages.

In some cases, third parties – individuals and entities other than the drunk driver – may bear some responsibility for the drunk driving crash. While the drunk motorist is always the most obvious party to hold responsible for the collision, other parties may also share fault for the DUI accident. 


These third-parties include:

  1. A vendor or alcohol-serving establishment that sold or distributed alcohol. Under the Florida Statutes Section 768.125, an alcohol vendor or another party that served alcohol to the driver prior to the crash can be held financially responsible for the victim’s injury and damages. This is known as Florida’s dram shop law. A bar, restaurant, or another alcohol-serving establishment can be held liable only when it served alcohol to a minor or a person they know is habitually addicted to alcohol or has a drinking problem. 
  2. An adult who served alcohol to a minor. If an adult serves alcohol to an underage driver and that minor then causes an accident, the adult can be held partially at fault for the victim’s injuries. 
  3. The owner of the motor vehicle. The owner of the car driven by a drunk motorist could be partially responsible for the crash if they allowed an unsafe driver to operate the vehicle.  
  4. The drunk driver’s employer. If the impaired motorist was working or acting in the course and scope of employment at the time of the drunk driving accident, their employer might be vicariously liable for the accident. 

What damages can you recover in a DUI accident in Florida?

Damages that may be available in a drunk driving accident depend on the circumstances of your DUI accident in Florida. However, the most common types of damages that can be recovered in include: 

  1. Economic damages, including medical expenses, rehabilitation costs, lost wages, the cost of property damage, and many others. 
  2. Non-economic damages, including pain, suffering, the loss of enjoyment of life, emotional distress, and others. 
  3. Punitive damages, when applicable. 

Under the Florida Statutes Section 768.762, an injured victim may be eligible to recover punitive damages when the defendant is guilty of intentional misconduct or gross negligence. While punitive damages are rarely awarded in personal injury cases, a victim of a DUI accident can maximize their potential to recover full compensation, including punitive damages, with the help of a skilled Florida DUI attorney.

Contact a Florida DUI lawyer

You need a DUI accident attorney on your side to: 

  • Investigate your drunk driving accident.
  • Identify all liable third parties other than the impaired motorist.
  • Gather evidence to prove fault.
  • Estimate the value of your claim.
  • Negotiate a fair settlement offer.
  • Fight for the compensation you deserve, including punitive damages.

Contact Daytona Beach DUI lawyer Rick Kolodinsky, P.A., to discuss your case during a no-obligation consultation. Schedule a free case review by calling 386-200-1866 or visiting our Contact Us page. 

Mr. Kolodinsky has been honored by his induction into this prestigious nationwide organization of trial lawyers. Of some 900 lawyers in Volusia Country there are four lawyers so honored.
- American Board of Trial Advocates
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