What Happens If You’re in an Accident While Driving Drunk?
A drunk driving crash changes lives in a heartbeat. Police, courts, insurance, and medical bills often hit at once, and the fallout lingers long after the sirens fade. At The Leach Firm, P.A., we help people across Florida and Georgia handle the legal mess that follows a wreck, including cases tied to alcohol.
Our goal here is simple: lay out what happens if a driver causes a crash while impaired, both on the criminal side and the civil side. If you or someone you love is dealing with this, we want you to feel informed and ready to act.
DUI Laws and Blood Alcohol Content (BAC)
DUI means operating a vehicle, or being in actual physical control of it, while under the influence of alcohol or drugs to the point that normal driving is unsafe. It can also mean driving with a BAC at or above the legal limit. Police rely on observations, field tests, and chemical tests to build the case.
BAC is a measurement of alcohol in your system. In both Florida and Georgia, the adult legal limit is 0.08 for standard drivers and 0.04 for commercial drivers. For drivers under 21, both states use a 0.02 threshold, which triggers swift administrative penalties.
Each state also has implied consent laws. Once you drive on public roads, you have already agreed to lawful BAC testing. Refusal can trigger a license suspension and can be used against you in court. Under-21 drivers face zero tolerance rules, which means even a small amount of alcohol can cause a license hit.
| Topic | Florida | Georgia |
| Adult BAC limit | 0.08 | 0.08 |
| Commercial driver limit | 0.04 | 0.04 |
| Under-21 threshold | 0.02 | 0.02 |
| Implied consent refusal | License suspension, possible use at trial | License suspension, administrative hearing deadlines |
| Injury or death | Felony charges possible | Felony charges possible |
These rules set the stage for what comes next once a crash happens. The charges and penalties rise fast when property damage, injuries, or a fatality are involved.
Consequences of a DUI Accident: Criminal Charges
Causing a crash while drunk can trigger serious criminal charges. The level depends on injury severity, property damage, and your prior record. Even a first arrest can bring jail, fines, and a long license suspension.
Types of Criminal Charges
Misdemeanor DUI is common for a first offense without injury. Penalties include fines, probation, community service, license suspension, and possible jail time, especially with a high BAC or a minor in the car.
Felony DUI is charged when someone is hurt, a death occurs, or prior DUI convictions exist. Aggravated charges bring longer sentences, larger fines, and a permanent record. Courts handle DUI with serious injury or DUI manslaughter with the harshest tools they have.
Facts matter a lot. Bodily injury, major property damage, and deaths escalate charges fast, and prior DUIs make everything worse. Judges also look at BAC level, speed, and whether the driver left the scene.
Possible Penalties
Courts have a wide range of tools they can use after a DUI crash. Even a first case can lead to life-changing conditions and long-term limits on driving.
- Jail or prison time, with longer terms for injury or death.
- Fines and court costs that stack up quickly.
- License suspension or revocation, with steps to reinstate, such as DUI school and proof of insurance.
- Alcohol or drug evaluation, treatment, and testing.
- Ignition Interlock Device requirements before driving again.
- Insurance spikes, criminal record, and travel limits after conviction.
The criminal case is only half the story. The people hurt in the crash can also file a civil lawsuit for money damages.
Civil Liability: Lawsuits from Accident Victims
Anyone injured in a DUI crash can sue the at-fault driver. The lawsuit is separate from the criminal case, and it focuses on paying for losses. A DUI conviction often helps the victim show the driver was negligent or even reckless.
Types of Damages in a Civil Lawsuit
Victims can claim both financial and non-financial losses. The list below shows the most common categories in these cases.
- Medical expenses, including future care, therapy, and medication.
- Lost wages and reduced ability to earn in the future.
- Property damage, like repairing or replacing a vehicle.
- Pain, suffering, and emotional distress.
- Punitive damages in cases with severe misconduct, used to punish and deter.
One court handles the criminal case, and a different court handles the civil claim. The timelines can overlap, and the civil claim can move forward even if the criminal case is pending.
Insurance Considerations
Insurance usually steps in first, but carriers often fight DUI claims hard. Some policies exclude punitive damages, and a carrier can try to limit coverage based on policy terms.
Victims sometimes need to sue the drunk driver directly to reach fair compensation. If policy limits are too low, a personal judgment can fill the gap, though collection can be tough.
UM or UIM coverage can help when the drunk driver carries little or no insurance. Your own policy can step in to cover medical bills, lost income, and other losses up to your limits.
What to Do After a DUI Accident
Quick action helps your health and your claim. Safety comes first, then evidence, then legal help. Small steps at the scene can make a big impact later.
- Call 9-1-1 and report that you suspect impairment. Ask for police and medical help.
- Get checked by a doctor, even if you feel okay. Some injuries hide at first.
- Gather evidence such as photos, video, skid marks, open containers, and witness contacts.
- Ask for the case number and the officer’s name. Keep copies of all records.
- Do not give a recorded statement to the other driver’s insurer without legal advice.
- Contact an attorney as soon as you can to protect your rights and set a plan.
If the other driver gets arrested for DUI, that information often appears in the police report. Save every document, including bills, pay stubs, and repair estimates.
Defending Against DUI Charges
Being charged is not the same as being found guilty. The state still has to prove the case with lawful stops, reliable tests, and solid evidence. A defense can attack weak links in that chain.
- Challenge breath or blood test accuracy, calibration, contamination, timing, and chain of custody.
- Question the stop or arrest, including probable cause and implied consent warnings.
- Argue that intoxication did not cause the crash, such as a sudden mechanical failure or another driver’s fault.
- Present mitigating facts, like a clean prior record, quick treatment efforts, or cooperation at the scene.
These defenses can reduce charges, shorten license penalties, or lead to dismissals. Each case turns on the facts, the science, and the paperwork.
Need Assistance After a DUI Accident? Contact The Leach Firm, P.A.
The Leach Firm, P.A., stands with people hurt by drunk driving and with families grieving harsh losses. We handle cases across Florida and Georgia, and we work around the clock when the stakes are high.
If you have questions about injury claims, insurance, or court strategy, reach out for a consultation. We welcome your questions, and we will lay out clear options built around your goals.
Our team fights for strong results in employment law, personal injury, and workers’ compensation. Let us put our experience to work for your family.
Drunk driving cases move fast, and evidence can fade. If you need guidance after a crash, talk with us about your next steps and your rights. We are ready to help you travel the road ahead and focus on your recovery.
