How Florida DUI Cases are Handled in the Courtroom

Описание: Andrea Lewis, a Florida personal injury attorney at Searcy Denney Scarola Barnhart & Shipley, explains how Florida DUI cases are handled in the courtroom.

The first step in any DUI case is to identify which substance the defendant had used. There are several ways that an attorney can present the case to a jury in order to prove exactly what it was impairing the person when they were operating a motor vehicle.

A blood draw, or blood sample, is the most reliable way to determine precisely how intoxicated a person was. Urine tests are the next most reliable method of determining which type of drug was in a person’s system. Lastly, there are breathalyzers; in West Palm Beach County they can have the defendant provide a breath sample on the scene which is very helpful to prosecutors.

Other cases that a civil attorney can pursue related to drinking and driving are called dram shop cases - Florida statute 768.125. What dram shop liability means is that an establishment (i.e. bar, restaurant) they served a person to a point where they were intoxicated and caused an accident. Dram shop law means that the established either 1) served a minor 2) could be held liable for serving someone known as a “habitual drunkard” the person clearly being an alcoholic.

In a civil DUI case, the injured party has the ability to seek punitive damages. Punitive damages are a very specific type of damages with the intent of them to punish the DUI driver.

If you have been injured in a DUI car accident or because of a drunk driver, visit our website or contact our Florida personal injury lawyers below: https://www.searcylaw.com/contact-us/


Searcy Denney Scarola Barnhart & Shipley, PA

West Palm Beach Office

2139 Palm Beach Lakes Blvd.
West Palm Beach, FL 33409-6601
Toll-free: (800) 780-8607
Phone: (561) 686-6300
En Espanol: (800) 220-7006

Tallahassee Office

The Towle House, 517 N. Calhoun St.
Tallahassee, FL 32301-1231
Toll-free: (888) 549-7011
Phone: (850) 224-7600
En Espanol: (800) 220-7006