In a criminal case, the first step is the arrest and prosecution of the drunk driver. After an alcohol-related crash there are several circumstantial factors that will be considered in determining how the drunk driver will be charged: Did he or she leave the scene of the accident? Were they driving with a suspended license? After the charges have been determined, the criminal justice system, operating through the Office of the State Attorney, is responsible for seeking punishment of the accused.
If you are the victim of a DUI crash or a surviving family member of a victim you may be called to testify as a witness in the criminal case. The State Attorney’s Office is responsible for providing services to help victims and their survivors during the criminal case.
Victims Advocates is another service provided by the state designed to work with victims and their families as they go through the criminal proceedings. They can offer recommendations for financial assistance to help deal with medical costs, lost wages, funeral expenses, and counseling. Victim/Witness Assistance is another service available to victims of DUI crashes and their families. Their job is to help guide victims through the criminal proceedings and answer any questions they might have.
Each criminal case is assigned to a judge who will impose a sentence after the case is tried or the defendant enters a plea with the state. In Florida, there are mandatory minimum requirements for each level of DUI. Some of the most common sentences include probation or jail, the Victim Impact Panel, community service, revocation of the driver’s license and an interlock device installed on the drunk driver’s vehicle upon reinstatement of the driver’s license.
The judge may also order the defendant to pay restitution to the victim or their family. This can be beneficial to your injury case because Florida law states that if the defendant is convicted of the offense and is ordered to pay restitution, they cannot later deny that they were driving drunk in a civil action. It is important to demand an order of restitution and let the prosecuting attorney know of all your medical expenses.