The answer is “yes,” if you are among a certain class of professionals including law enforcement, public officials and licensed medical personnel for instance. In a recent case involving an assistant state attorney there is a temporary suspensionpending the outcome of the charges against the driver, but often times a full termination can apply depending on the circumstances of the DUI arrest. Driving after consuming alcohol is a very serious matter as reflected in the data pointing to approximately 29 car crash deaths daily involving alcohol-impaired drivers in the United States. The penalties for drunk driving depend on factors including blood alcohol level, age, and repeat offender status and a Florida attorney may be able to assist in reducing charges.
Under Florida Statute 316.193 a person is guilty of the offense of operating a vehicle under the influence of alcohol when driving is affected to the extent that physical faculties are impaired, outlining laws against driving under the influence (blood or breath alcohol over 0.08) in Florida. If a criminal conviction is achieved by the State, penalties could include fines, prison time, placement of ignition interlock devices in vehicles, and/or the loss of driver’s license.
Damage to property or person of another is considered a misdemeanor of the first degree; Serious bodily injury to another is considered a felony of the third degree;
Hit and run could yield very serious penalties in accordance with Florida Statute @ 316.062.
Personal injury civil case.
After the criminal case has been resolved, a personal injury case can be filed in accordance with Florida personal injury law to compensate for any property damage, medical bills, lost wages, and pain and suffering.
Florida Insurance. The State of Florida: requires motor vehicles to have current auto insurance coverage with a minimum requirement of $10,000 in personal injury protection (PIP) and $10,000 in property damage liability (PDL); requires drivers to carry the PIP and this no-fault coverage pays the insured’s bills, regardless of fault, up to the limit of the $10,000; and follows the “pure comparative negligence rule” meaning that if you were responsible for any part of the activities that led to your injury, the compensation you will receive will be adjusted in accordance with that percentage of fault assigned to you.
Statute of Limitations. Florida has a two (2) year statute of limitations for property damage and personal injury claims. This means if a driver, passenger, or passerby is injured or sustains property damage at the hands of a negligent driver, the victim must file a lawsuit within the two (2) year period following the accident.
Attorney Trespalacios will investigate your accident to determine if the cause of your injury was a direct result of the drunk driving accident and negotiate with insurance companies, either for a settlement or a case in court to ensure you are properly compensated.
Mario Trespalacios P.A.
9495 SW 72 Street, Suite B-275
Miami, FL 33173