At Neal & Solevilla Personal Injury Lawyers, we are passionate advocates for victims of drunk and distracted drivers. As active community partners of MADD (Mothers Against Drunk Driving), we show up — in courtrooms, in communities, and at events like the Drive Sober or Get Pulled Over campaign pictured below. We believe accountability starts with knowing the law, and Fla. Stat. § 324.023 is one of Florida’s most important — and most underutilized — protections for accident victims.
Florida Statute § 324.023 imposes significantly higher insurance and financial responsibility requirements on any driver convicted of DUI in Florida. It applies to any owner or operator of a motor vehicle required to be registered in Florida who has been found guilty of — or entered a guilty or nolo contendere plea to — a DUI charge under Fla. Stat. § 316.193 after October 1, 2007.
In plain terms: if the driver who caused your crash was convicted of DUI, the law requires them to carry far more insurance than an ordinary Florida driver. This is not optional, and it is in addition to any other financial responsibility requirements already imposed by Florida law.
§ 324.023 applies when a driver has been found guilty of, or entered a guilty or nolo contendere plea to, a DUI charge under Fla. Stat. § 316.193 — even if adjudication was withheld. The conviction must have occurred after October 1, 2007.
Under § 324.023, a DUI-convicted driver must maintain the following minimum liability coverage — in addition to all other coverage already required by Florida law:
To put this in perspective: Florida’s standard minimum bodily injury liability is just $10,000 per person. § 324.023 requires a DUI-convicted driver to carry ten times that amount — creating a far more meaningful pool of compensation for everyone that driver injures.
If the drunk driver who hit you has a prior DUI conviction, you may have access to $100,000 per person in available liability insurance — not the typical $10,000 Florida minimum. This single fact can fundamentally transform the value and outcome of your personal injury or wrongful death claim.
Under § 324.023, the heightened coverage requirements must be maintained for a minimum of three years following the reinstatement of the driver’s driving privileges. If the individual has not been convicted of a DUI or a felony traffic offense during those three years, they are exempt from the elevated requirements going forward.
Florida has historically allowed drivers to operate with minimal liability insurance, leaving victims to absorb staggering losses. § 324.023 fundamentally changes that calculus when the at-fault driver is a convicted DUI offender. It recognizes the proven, elevated danger these drivers pose — and responds by requiring them to carry meaningful financial protection for anyone they harm.
Medical bills: Serious crash injuries routinely exceed $100,000. Higher required limits mean there is a real insurance pool to draw from — not just a $10,000 policy that evaporates in days.
Lost wages and earning capacity: Prolonged recoveries cost far more than hospital bills. With § 324.023 limits, your full economic loss can be properly pursued and documented.
Pain and suffering: Non-economic damages are often the largest component of a serious injury claim. Higher available limits create the room to pursue the full human cost of your injuries.
Wrongful death: For families who have lost a loved one to a drunk driver, the $300,000 per-crash limit provides a critical foundation for a wrongful death claim that can actually address the magnitude of the loss.
Tragically, some DUI-convicted drivers violate § 324.023 and drive without the required coverage. This does not leave you without options. At Neal & Solevilla, we investigate every available avenue of recovery:
Florida law allows your own policy to step in when the at-fault driver is uninsured or underinsured. If the DUI driver violated § 324.023 by carrying insufficient coverage, your UM/UIM benefits can bridge that gap — this is why carrying robust UM/UIM coverage is so important for every Florida driver.
Florida’s dram shop laws (§ 768.125) may support claims against bars, restaurants, or social hosts who willfully served alcohol to someone habitually addicted to alcohol or knowingly served a minor who then caused your crash.
Depending on the facts, employer liability, vehicle owner liability, or other responsible parties may hold additional insurance coverage. Our firm leaves no stone unturned.
Florida’s statute of limitations for personal injury claims is generally two years from the date of the accident (following changes under HB 837, effective 2023). Wrongful death claims must generally be filed within two years of the date of death. Evidence disappears. Witnesses forget. Deadlines are absolute. Contact a qualified Florida personal injury attorney immediately.
Neal & Solevilla is a proud community partner of Mothers Against Drunk Driving (MADD). We don’t just say we care — we show up at community events, stand shoulder to shoulder with law enforcement, and fight with everything we have for victims and families whose lives have been shattered by impaired drivers. Every drunk driving crash is preventable. Every victim deserves a fierce advocate. That is the promise we make to every client we serve.
We act fast to preserve critical evidence — police reports, toxicology results, breathalyzer records, the at-fault driver’s full criminal and driving history, surveillance footage, and witness statements. Establishing the DUI conviction and its coverage implications under § 324.023 early is essential to building maximum value into your claim.
We identify every available insurance policy — the at-fault driver’s policy and whether it meets § 324.023 minimums, your own UM/UIM coverage, umbrella policies, commercial coverage if applicable, and any third-party policies. We leave no source of recovery unexamined.
Insurance companies have teams of adjusters and defense lawyers working to minimize what they pay. We counter with meticulous documentation of all past and future medical costs, lost income, diminished earning capacity, and the full human cost of your injuries — presented in a way that demands the full value of your claim.
We prepare every case as if it will go to trial — because insurance companies pay significantly more when they know you mean it. With a Board Certified Civil Trial Attorney, we have the courtroom experience and the reputation that backs that up.
Injured by a Drunk Driver? Let’s Talk.
If you or a loved one was hurt by an impaired driver in Florida, you may be entitled to significantly more compensation than you realize. Our consultations are free, confidential, and there is no fee unless we win.
