DUI Accident Attorney in Miami, FL
You Didn’t Choose This Accident. We’ll Help You Rebuild What Was Taken.
DUI Accident Lawyer in Miami, FL
When a drunk driver hits you in Miami, Florida law lets you get three things that you cannot get in a normal car accident: punishment money (punitive damages), the right to sue the bar or restaurant that overserved the driver (dram shop liability), and automatic fault because of the intoxication (negligence per se).
CHG Lawyers' founding partners are experienced trial lawyers who have handled many DUI cases. We know exactly what police and court records show and how to use them. These are not normal car crash cases. The stakes are much higher, and you must act very fast.
- Punishment money demands of $500,000 or more
- Suing the bar or restaurant for their business insurance
- We track the criminal case to prove fault immediately
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In DUI cases specifically, represented victims recover significantly more than those who pursue only the driver's liability policy — the difference being punitive exposure, dram shop defendants, and employer liability.
South Florida
Miami-Dade County
Miami-Dade
Punitive Damages in Miami — Why DUI Cases Are Worth More
How Punishment Money Helps You Get a Better Settlement
A car insurance company can guess how much money they might owe you for medical bills and lost wages. But they cannot guess what a jury will do when a driver chose to drive with a very high alcohol level (.15 BAC) and ran a red light. This fear of the unknown gives us leverage. It forces the insurance company to offer a much larger settlement to avoid going to court.
CHG Lawyers gathers all the proof — including the driver's alcohol level, any past DUIs, and proof that they kept drinking even after they were drunk. We send this proof to the insurance company right away to show them the risk of going to trial. We do this to get a higher settlement offer before we ever have to go to court.
Florida Statute 768.72 — The Minimum Amount by Law
Florida law (Statute 768.72) allows for punishment money (punitive damages) when a driver acts with total disregard for the safety of others. Florida courts agree that driving with a blood alcohol level of .08 or higher is exactly that: a choice to drive a dangerous car while drunk. By law, the minimum punishment money is three times the money for your losses, or $500,000, whichever is more.
Punitive damages are awarded on top of — not instead of — compensatory damages. This means you can get much more than what the driver's simple car insurance covers.
Building the Case From Day One
Punitive damages require evidence of the degree of intoxication and the conscious decision to drive. CHG Lawyers preserves this evidence immediately: breathalyzer and blood draw records from the criminal arrest; surveillance footage from the bar, restaurant, or venue where the driver was served; bartender and server records; and witness observations. Our extensive experience in DUI trial cases means our partners know exactly how to extract maximum civil value from the criminal record.
Florida's 2-Year Civil Deadline
For crashes after March 24, 2023, the deadline is 2 years. Do not wait for the criminal case to resolve to file your civil claim.
Florida's Dram Shop Law — Suing the Bar That Served the Drunk Driver
Florida Statute 768.125 — The 3-Day Window to Save Evidence
Florida law (Statute 768.125) says a bar or restaurant can be held responsible if they serve alcohol to a minor or to someone they know is addicted to alcohol. If a bartender keeps serving a drunk customer who then drives and crashes, the bar can be sued too. Bars have business insurance policies that are usually much larger than a driver's personal car insurance.
Evidence against bars disappears very quickly. Security camera video at bars is often deleted automatically after a few days or weeks. Sales receipts that show how many drinks the driver bought can also be lost. CHG Lawyers sends legal letters to the bars immediately to save all video, bartender records, and receipts before they are lost.
Investigating Bars in Miami and Nearby Areas
Many crashes in Miami happen after a driver leaves bars in Brickell, Wynwood, South Beach, or event venues like Marlins Park and Hard Rock Stadium. We trace the driver's path to find exactly where they were drinking before the crash. Holding the bar responsible allows us to get money from a business insurance policy, which is much larger than a personal car insurance policy. For example, a bar might have a $2,000,000 insurance policy, while the driver might only have a $25,000 policy.
Proving Fault — How Driving Intoxicated Establishes Liability
Under Florida law (Statute 316.193),operating a vehicle with a blood alcohol level of .08 or higher automatically establishes the driver's liability for the crash. Because their intoxication alone proves fault, we can focus less time on establishing their wrongdoing and more time on documenting the full extent of your injuries and recovery needs.
How We Use the Police and Court Records
CHG Lawyers monitors the driver's case from day one. We collect vital information like breath test results, video, and witness reports to build your civil case. It is vital not to wait for the police case to finish: your legal deadline for your injury claim begins the day of the accident.
What to Do After Being Hit by a Drunk Driver in Miami
Call 911 Immediately
Ensure law enforcement conducts field sobriety tests and requests a breathalyzer before impairment evidence dissipates.
Document Impairment
If safely accessible, photograph open containers. Note slurred speech and unsteady movement for the officer.
Collect Witness Info
Particularly anyone who observed the driver at a bar or event before the crash for dram shop liability.
Photograph Scene
All vehicles, your injuries, and signs of reckless operation (skid marks) before anything is moved.
Seek Medical Evaluation
DUI crashes frequently cause injuries masked by adrenaline. Consistent medical records are essential.
Call CHG Lawyers
DUI cases require immediate punitive damages positioning. Do not give statements to any insurer before speaking with us.
Why Miami Families Choose CHG Lawyers
Experienced trial attorneys with extensive DUI case experience. We know the criminal system and extract maximum civil value.
If I could give 5 more stars I would! Partner Igor Hernandez handled my case from the very beginning. He's knowledgeable, well versed in personal injury laws, and works diligently to achieve the best outcome.
These attorneys are amazing! I had a case with another lawyer I had to fire because he wouldn't pay attention to my case. CHG took my injury case over, got straight to work, and resolved it faster than expected.
I must say I had the best experience possible. Everyone I talked to was fantastic. John represented me and did an awesome job. I am very happy with the outcome.
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Questions Miami DUI Accident Victims Actually Ask
Will I automatically receive punitive damages if the driver was convicted of DUI?
Not automatically — and this distinction matters. A DUI conviction establishes negligence per se, meaning negligence does not need to be re-proven in the civil case. But punitive damages require a separate showing that the driver's conduct rose to the level of conscious disregard for others' safety, and they must be awarded by the civil jury independently. The conviction is powerful evidence supporting punitive damages — it is not automatic entitlement to them. CHG Lawyers builds the punitive damages case with specific evidence of intoxication level, the driver's decision to drive despite impairment, and any prior DUI history.
The drunk driver who hit me only has minimum coverage — $10,000. What happens to the rest of my damages?
The driver's minimum liability policy is the first source of recovery — but rarely the only one in a Miami DUI case. Several additional sources typically apply. Punitive damages exposure may compel the driver and any co-defendants to settle beyond available coverage through personal assets. Dram shop liability against the venue that overserved the driver is a direct, independent claim with its own insurance coverage. Employer liability applies if the driver was working at the time. Vehicle owner liability under Florida's dangerous instrumentality doctrine extends to anyone who owned the vehicle and entrusted it to the impaired driver. UM/UIM coverage on any household vehicle you are related to may bridge the gap.
The bar claims they had no idea the driver was drunk. Can I still sue them?
The bar's claim that they didn't know is the starting position of every dram shop defense. It is frequently contradicted by the evidence CHG Lawyers compiles. Surveillance footage from inside the venue during the service period often shows the driver's condition more clearly than any staff member's recollection. Point-of-sale records establish how many drinks were served over what time period. Witness accounts from other patrons establish what was visible to any reasonable observer. The bar's subjective claim of ignorance does not eliminate liability — it creates a factual dispute that evidence resolves.
Do I have to wait for the criminal DUI case to finish before I file my civil claim?
No — and waiting for criminal resolution is the most common way Miami DUI accident victims miss their civil filing deadline. The two proceedings are legally independent. The criminal case may take 12 to 24 months to resolve through trial or plea. The civil deadline for crashes after March 24, 2023 is 2 years from the date of the crash — not 2 years from the criminal resolution. CHG Lawyers files civil claims while the criminal case proceeds in parallel, coordinating both tracks strategically. You do not need to wait for any criminal outcome.
Can I sue the driver's employer if they were driving for work when they hit me?
Yes — if the driver was acting within the scope of their employment at the time of the crash, their employer bears vicarious liability under the doctrine of respondeat superior. This is particularly significant in DUI cases because employer liability attaches even when the driver's impaired choice was personal — if they were on the clock, using a company vehicle, or driving as part of their job duties when they made the decision to drive drunk. Commercial insurance policies typically carry coverage limits far beyond personal auto minimums.
CHG Law
With years of experience in the field of personal injury law, the attorneys at CHG Law in Coral Gables, Florida, near Miami, have a proven track record of success. They have helped clients recover millions of dollars in compensation, and they are ready to help you too.
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2525 Ponce de Leon Blvd. Suite 300
Coral Gables, FL, 33134 - (305)-501-8021
- help@chglawyers.com
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