Two Courtrooms, Two Standards: How Florida DUI Crash Cases Split Into Separate Tracks
When a drunk driver is arrested after a crash, injured victims often assume the criminal case will take care of everything. It will not. The criminal prosecution and the civil injury claim run separately, and each answers a different question. The stakes are real: the National Highway Traffic Safety Administration reports that 11,904 people died in 2024 in crashes involving at least one alcohol-impaired driver, about 30 percent of all traffic deaths in the United States. Our Fort Lauderdale DUI accident lawyers at Boone & Davis explain how the two tracks work.
The Criminal Track: The State Against the Driver
Prosecutors enforce section 316.193, Florida Statutes, which makes it a crime to drive or be in actual physical control of a vehicle with a blood or breath alcohol level of 0.08 or higher, or while normal faculties are impaired. Causing serious bodily injury is a third-degree felony under section 316.193(3)(c)2. Causing a death is DUI manslaughter, a second-degree felony under section 316.193(3)(c)3., with a mandatory minimum prison term of four years. The State must prove guilt beyond a reasonable doubt, and the goal is punishment. Victims are witnesses, not parties.
The Civil Track: The Victim Against the Driver
A civil claim is brought by the injured person or surviving family to recover compensation, not to punish. The burden is lower: the victim must show it is more likely than not that the driver’s negligence caused the harm. Florida expressly preserves this right. Section 316.193(7) states that a DUI conviction does not bar a civil suit for damages against the person convicted. Just as important, a civil case does not depend on a conviction, so a dismissed charge or reduced plea does not necessarily end a victim’s claim.
How the tracks differ:
- Who brings the case: a state prosecutor versus the injured person or family
- Standard of proof: beyond a reasonable doubt versus more likely than not
- Purpose: punishment versus compensation for medical bills, lost income, and pain and suffering
- Timing: the criminal case follows its own schedule, while the civil clock is two years for negligence under section 95.11(5)(a) and for wrongful death under section 95.11(5)(e)
Where the Tracks Collide
Evidence from the criminal investigation, such as chemical test results, crash reports, and witness statements, can strengthen a civil case. Timing can complicate it, though. A driver facing charges may decline to answer civil questions while the case is pending, which can slow a lawsuit. Restitution ordered in a criminal case is limited in scope and is no substitute for the full damages available in a civil claim. Waiting for the criminal case to end before acting can cost a victim evidence and time.
Wondering how to move your claim forward while the criminal case plays out? Our Fort Lauderdale DUI accident attorneys at Boone & Davis can start building your civil case now, so evidence is preserved and deadlines are protected. Call us at 954-566-9919 for a free consultation, and let us handle the legal side while you focus on healing.
Source:
rosap.ntl.bts.gov/view/dot/91903
