What claims may arise from a drunk-driving accident? A person injured by an impaired driver may have a civil claim separate from the government’s criminal DUI case. The civil case focuses on responsibility, causation, insurance, injuries, and damages. A criminal conviction may be relevant, but it is not the only evidence that can establish a civil claim.
Reviewed for legal accuracy by Ryan C. Hasanbasic, Florida Bar No. 44119 | Updated August 20, 2026
Fowkes & Hasanbasic represents people injured in car accidents throughout Tampa Bay and Florida. Our lawyers personally evaluate and handle each case, investigate impairment and fault, review insurance coverage, preserve evidence, and document injuries and losses.
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Contents
Evidence in an Impaired-Driving Case
Evidence may include officer observations, body-camera and dash-camera video, witness statements, field-sobriety evidence, breath or blood testing, toxicology, receipts, surveillance video, cellphone or application data, vehicle event data, and the driver’s statements.
The Criminal Case and the Civil Claim
The state prosecutes an alleged DUI offense. The injured person’s civil claim is a separate matter with different parties, purposes, procedures, and burdens of proof. Evidence from the criminal investigation may be important, but the civil case still requires its own investigation and proof.
Who May Be Responsible?
The impaired driver may be responsible. Depending on the facts, a vehicle owner, employer, commercial operator, or another party may also require investigation. Claims involving the furnishing of alcohol are limited by Florida law and depend on specific facts.
Insurance and Recoverable Losses
Potential sources may include liability, PIP, uninsured or underinsured motorist, employer, commercial, and umbrella coverage. Recoverable losses depend on the evidence and may include medical expenses, lost earnings, diminished earning capacity, pain and suffering, disability, property damage, and other legally available damages.
Drunk-Driving Accident Questions
Must the driver be convicted before I can pursue a civil claim?
No. A civil claim does not necessarily depend on a criminal conviction, although criminal-case evidence may be relevant.
Can evidence disappear?
Yes. Video may be overwritten and records can become harder to obtain. Prompt preservation efforts may be important.
Does restitution replace a civil claim?
Not necessarily. Restitution and civil damages are different remedies and should be evaluated separately.
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