What Are the Legal Consequences for a Florida Drunk Driver Who Hits a Motorcyclist?

Drunk driving is not a victimless crime. According to the National Highway Traffic Safety Administration, each day, an average of 37 people die in the United States in a motor vehicle crash caused by drunk driving. And while anyone can be a victim of a drunk driver, Florida motorcyclists are especially vulnerable, as they have no protection from the sudden force of a two-ton vehicle operated in a reckless and dangerous manner. Our experienced Orlando motorcycle accident lawyers explain your options if you’re the victim of an accident involving a drunk driver.

Criminal vs. Civil Penalties

Under Florida law, a non-commercial driver is considered legally intoxicated if they have a blood-alcohol content (BAC) of at least 0.08 percent. (For commercial drivers, such as semi-truck operators, the limit is just 0.04 percent.) Even with a BAC below 0.08, however, police can still cite a driver for DUI if there is other evidence they are under the influence of alcohol or illegal controlled substances.

A first offense for DUI in Florida is a misdemeanor that carries up to six months in jail. Additionally, the driver may have to pay a fine. Their driver’s license will also be revoked for at least 180 days. These penalties escalate for subsequent offenses.

There are also more severe penalties if the drunk driver causes an accident. For example, if a drunk driver hits a motorcycle and causes serious injury to the motorcyclist, that is a third-degree felony under Florida law, punishable by up to five years in prison. If the motorcyclist dies, the charge becomes a second-degree felony, which can lead to 15 years in prison and the permanent loss of the driver’s license.

While these criminal penalties are harsh, they do not directly address the injuries sustained by the motorcyclist or their family. An injured motorcyclist always has the right to file their own personal injury claim against the drunk driver who hit them. This is true even if, for whatever reason, the drunk driver is never charged or convicted of a criminal offense in connection with the accident.

Keep in mind, personal injury lawsuits are a matter of civil law. In civil court, a plaintiff only has to prove their case by a “preponderance of the evidence,” meaning it was more likely than not that the defendant caused the plaintiff’s injury. In a criminal prosecution, however, the state needs to prove the defendant’s guilt “beyond a reasonable doubt.” So it is possible under our legal system for a person to be held civilly liable but not criminally liable for a motorcycle accident.

One other thing to note: A motorcyclist injured by a drunk driver can seek punitive damages in addition to compensation for their losses. Punitive damages are effectively a form of “civil punishment” meant to deter particularly reckless and egregious conduct. While Florida law does not allow punitive damages in most motorcycle accident cases, drunk driving is an exception.

Injured in a Motorcycle Accident? JustCallMoe Today

A drunk driver can shatter your life in a fraction of a second. Our team at JustCallMoe Injury and Accident Attorneys can advise you following a serious crash caused by a drunk driver. Contact us today to schedule a free consultation.