DUI in Florida. A driver is under the influence with a blood or breath alcohol level of 0.08 or more, or when alcohol or drugs impair their normal faculties. Drivers under 21 face license suspension at 0.02, and commercial drivers are held to 0.04. A DUI that causes serious bodily injury is a felony, and a DUI that causes a death is DUI manslaughter.
Punitive damages. Under Florida Statute § 768.72, punitive damages require clear and convincing evidence of intentional misconduct or gross negligence, and the court must allow the claim before it can be added. Florida usually caps punitive damages at three times compensatory damages or $500,000, whichever is greater. Under § 768.736, those caps don't apply when the defendant was under the influence to the extent their normal faculties were impaired, or had a blood or breath alcohol level of 0.08 or higher.
Dram shop law. Florida Statute § 768.125 is narrow. A bar, restaurant or other seller can be liable if it willfully and unlawfully served someone under 21, or knowingly served a person habitually addicted to alcohol. We look into where the driver was drinking in every case.
PIP and fault. Your own $10,000 PIP pays first, and you must get care within 14 days. Many impaired drivers are uninsured or underinsured, so your uninsured motorist coverage can matter. And under modified comparative fault, your recovery is reduced by any share of blame assigned to you.