Short answer: crashing while drunk in Florida can bring criminal charges, a license suspension or revocation, higher insurance costs, and a civil lawsuit from anyone you hurt. The penalties rise sharply with the harm caused: a crash that only damages property is treated far less severely than one that causes serious injury or death, and leaving the scene makes everything worse.
This guide covers what happens to the driver and, just as important, what injured victims can do. It is general information, not legal advice. Criminal charges are handled by a criminal defense lawyer. Claims by injured victims are handled by a personal injury lawyer, like our drunk driving accident attorneys.
Criminal Charges After a Drunk-Driving Crash in Florida
Florida’s DUI law (Statute 316.193) increases the penalty with the harm caused:
| What the crash caused | Typical charge |
| Property damage or injury | First-degree misdemeanor, up to 1 year in jail |
| Serious bodily injury | Third-degree felony, up to 5 years in prison |
| Death (DUI manslaughter) | Second-degree felony, with a 4-year mandatory minimum prison term |
| Death and leaving the scene | First-degree felony |
The exact penalty also depends on your blood alcohol level, prior offenses, and whether a minor was in the car.
What Happens to Your License and Insurance
- Refusing a breath test triggers an automatic license suspension, at least one year for a first refusal (Statute 316.1932).
- A DUI conviction brings a license revocation, and revocation can be permanent for DUI manslaughter.
- Insurance costs rise. After a DUI, Florida typically requires an FR-44 filing proving higher liability limits, usually $100,000 per person, $300,000 per accident, and $50,000 for property damage, for three years.
- Your own coverage may be limited. Your policy may not pay for your own injuries or damage, but a driver’s liability insurance generally still responds to injured victims up to the policy limits.
Civil Liability: Victims Can Sue
A criminal case and a civil case are separate, so a plea or an acquittal in one does not decide the other. Victims can seek compensation for medical bills, lost income, and pain and suffering. Florida also allows punitive damages when a victim proves grossly negligent or intentional conduct by clear and convincing evidence (Statute 768.72), and drunk driving can support that claim. Punitive damages are generally capped at the greater of three times compensatory damages or $500,000 in most cases (Statute 768.73).
If You Caused a Crash While Drunk: What Not to Do
- Do not leave the scene. Leaving the scene of a crash with injuries is a separate felony under Statute 316.027.
- Call 911 and help anyone who is hurt.
- Do not discuss fault with the other party or with insurers.
- Talk to a criminal defense lawyer before you give any statement to police.
- Do not contact the victim to negotiate or apologize through back channels.
If a Drunk Driver Hit You: Your Rights
If you were injured by a drunk driver, you may have several sources of compensation:
- Your PIP coverage pays your initial medical bills and lost wages, up to $10,000, regardless of fault, if you get treatment within 14 days.
- The drunk driver’s liability insurance. Florida does not require most drivers to carry bodily injury liability coverage, so some drunk drivers have none.
- Your own uninsured or underinsured motorist (UM/UIM) coverage, which matters most when the driver has little or no insurance.
- Punitive damages from the driver in some cases, as explained above.
- A bar or restaurant, only in narrow situations. Florida’s dram shop law (Statute 768.125) generally applies only if a business served someone under 21 or a person known to be habitually addicted to alcohol.
To recover pain and suffering, your injury must meet Florida’s serious injury threshold (Statute 627.737). Evidence matters too: the police report, blood alcohol test results, 911 recordings, and witness statements can all prove what happened. Do not give a recorded statement to any insurer before talking to a lawyer.
Injured by a drunk driver? Tell us what happened, and an attorney will review your options for free, including punitive damages and uninsured motorist coverage.
Example: How a Victim’s Claim Can Unfold
This is an illustrative scenario, not a past client case. A driver with a high blood alcohol level runs a red light in Orlando and injures a passenger in another car. The driver is charged with DUI causing serious bodily injury, and the criminal case moves forward on its own track. The driver turns out to carry no bodily injury coverage. The injured passenger’s recovery depends on her own PIP, her uninsured motorist coverage, and a civil claim that may include punitive damages. A criminal court may order restitution, but that is not a substitute for a civil claim.
How Long Do I Have to File?
For most negligence claims in Florida, you have two years from the date of the crash (Statute 95.11). See our guides to uninsured driver crashes and hit-and-run claims, estimate your claim with our settlement calculator, or request a free consultation.
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Frequently Asked Questions
Can you go to jail for causing a crash while drunk in Florida?
Yes. A DUI crash that causes property damage or injury is a first-degree misdemeanor with up to one year in jail. If it causes serious bodily injury it is a third-degree felony, and a DUI crash that kills someone is DUI manslaughter, a second-degree felony with a four-year mandatory minimum prison term.
Will insurance cover a crash while drunk?
Your own coverage for your own injuries and damage may be limited, and your rates will rise. In most cases, though, a driver’s liability insurance still responds to injured victims up to the policy limits. Florida does not require most drivers to carry bodily injury liability coverage, so some drunk drivers have none.
Can victims sue a drunk driver in Florida?
Yes. Victims can bring a civil claim for medical bills, lost income, and pain and suffering, and in some cases punitive damages. The civil claim is separate from the criminal case.
What happens if you leave the scene of a drunk-driving crash?
Leaving the scene of a crash with injuries is a separate felony in Florida and usually increases the penalties in the DUI case.
If a drunk driver hit me, what can I recover?
You may recover medical bills, lost income, and, if your injury meets Florida’s serious injury threshold, pain and suffering. Punitive damages may also be available. Payment can come from the driver’s insurance, your own uninsured motorist coverage, and PIP for your initial losses.
How long do I have to file a claim after a drunk-driving crash in Florida?
Two years from the date of the crash for most negligence claims, including wrongful death.