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What Percentage of Drunk Driving Accidents are Fatal?

If you have been involved in a an SUV or car accident in the Tampa Bay area call Tampa Personal Injury Attorney, Martin J. Hernandez at 813-755-9500
What Percentage of Drunk Driving Accidents are Fatal

Drunk driving fatalities account for 29% of all 2018 traffic-related deaths in the U.S. Many drunk driving-related crashes result in devastating injuries that can disrupt the lives of those in the vehicles and their families for a lifetime.

It is estimated that a person dies in a drunk driving accident in the U.S. every 50 minutes. But the good news is that these deaths have decreased by a third in the last 30 years. 

Unfortunately, drunk driving fatalities don’t just lead to loss of life. They also contribute to nearly $45 billion each year in costs. 

What is the Legal Limit For Blood Alcohol in Florida?

In Florida, under Florida Statute § 316.193, you are presumed to be impaired with a blood alcohol count (BAC) of .08 percent. According to the Centers for Disease Control and Prevention, it would take about four drinks being consumed in a one-hour period for a 160-pound man to reach that BAC. 

A standard drink is defined as 14 grams (or .6 ounces) of pure alcohol. This is typically found in 12 ounces of beer, eight ounces of malt liquor, five ounces of wine, or a 1.5-ounce shot of 80 proof distilled liquor. 

Of course, establishments that “free pour” are not measuring the amount of alcohol they are adding. This can cause the alcohol levels to vary widely from drink to drink, depending upon the person who serves it. 

To put that into perspective, with a BAC of .08 percent, muscle coordination becomes poor. People might slur their speech or suffer blurred vision. It’s harder for these impaired individuals to detect danger or practice self-control.

Can you Be Convicted of DUI at less than 0.08%?

Interestingly, Florida Statute § 316.193, your impairment is up to the jury with a blood alcohol count (BAC) of .05 percent.  Meaning, YES you can be convicted of a DUI at a .05%.

What Can Be Done to Prevent Repeat Offenders?

Alcohol interlock devices are one way. Also called ignition interlocks, these devices require the driver to blow into a tube to determine BAC before they can start their vehicle. 

In most states, if the driver blows a .02 percent or higher, they can’t start their car. The National Highway Transportation Safety Association (NHTSA) strongly recommends the use of ignition interlocks to keep repeat offenders from getting behind the wheel.

So, what can you personally do to help lessen the impact of drunk driving? The best bet is simply don’t drink and drive. Plan a safe ride home before you head to the party, choose a non-drinking friend as a designated driver, or hail a taxi or ride-hailing service. 

If you’re the host of a party, make sure all guests leave with a sober driver. Most importantly, always wear a seat belt. That’s your best defense against a drunk driver.

What to Do If You’ve Been Injured in a Drunk-Driving Accident?

If you are in an accident and you suspect the person hit you is impaired in any way, it’s more important than ever to call 9-1-1 so the police can evaluate the current state of the offending driver. If that driver fails to perform a field sobriety test, that can be used in court against them.

Why hire a DUI Attorney If You Are A Victim of a DUI Accident?

It is best to choose a DUI lawyer who has trial experience criminally convicting DUI Accidents in Florida because they know how to put together a DUI case.  In a criminal case, the moving party needs to prove beyond a reasonable doubt.  In a civil case, the burden on the moving party needs to be by the greater weight of the evidence (a much lower burden than beyond a reasonable doubt). Hiring a competent DUI auto accident attorney to prosecute your claim on allegations that the at-fault party has been arrested on charges of DUI or driving under the influence is critical in the outcome of your case. To avoid any complications, it is best to seek legal assistance.

The State Attorney needs to prove that the at-fault party is guilty of being impaired beyond a reasonable double.  Your DUI accident lawyer does not.  We only need to prove through clear and convincing evidence that the at-fault party has been drinking and driving.  Furthermore, we would prove that the Blood Alcohol Level was exceeding the limit and that the at-fault was impaired to such an extent that you were not in a condition for operating the car safely. 

Get in touch with Martin Hernandez, a qualified Tampa DUI Accident injury attorney, at: (813) 755-9500


If you’re involved in a drunk driving accident, it’s important to seek medical attention and the advice of proven, trial-tested personal injury attorneys like Martin Hernandez Attorneys At Law. You can reach them for advice 24/7 by calling (813) 755-9500 or visit us online for your free attorney case review. Hablan español.


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