Groups Want DUI Laws Changed to Prevent Florida Drunk Driving Accidents

Under current state laws, drivers who may be responsible for fatal Floirda car accidents do not always needed to be tested for drugs and alcohol. Some groups want to see those laws changed, claiming that legislation changes can help prevent Florida drunk driving accidents.

Under current laws, police need to have a reasonable suspicion or a probable cause to believe that a driver in a fatal car accident is drunk or using drugs before administering a drug or alcohol test. In other states, drivers who cause fatal accidents are required to submit to a blood test to determine whether alcohol or drugs were a factor in the crash. Currently, this is not the case in Florida.

According to some experts, this legislative environment can mean that drunk drivers are released early, to re-offend. For example, if a driver causes a Florida truck accident and is not tested for drugs and alcohol but is driving impaired, that driver will likely receive a lighter sentence than they would have received if it was known that they were driving impaired. This means that they will be free to re-offend sooner. Without a law requiring all drivers causing car accidents to be tested, there is simply no way to know how many car accidents are truly related to impairment.

Groups and families who have lost loved ones to Florida car accidents have been working to get laws passed which would allow all surviving drivers in fatal car accidents to be tested for drugs and alcohol. There are petitions to change the law as well as media attention on the topic. However, so far there has been little push to change the law.

Groups have been pushing to change the Florida law since 2006, but they claim that some groups, including defense attorneys, have objected to the regulation change. Some defense attorneys feel that any such law would be excessively intrusive and would be unconstitutional. They also note that currently drivers have the option to take a blood test, although drivers have to pay for this test themselves and the test is completely mandatory.


If you have been injured in a Florida DUI, contact the Flaxman Law Group to arrange for a free initial consultation to get the facts about your case and your options. The Flaxman Law Team has thousands of cases of experience in the South Florida area, helping personal injury victims in Hollywood, Miami, Homestead, and beyond. Contact the Flaxman Law Group today to find out what your legal options are.

Client Reviews

★★★★★
Mr. Flaxman is highly skilled and very pleasant to work with. He communicated with me at every step in the process, and clearly presented information relating to my case. To anyone considering retaining his firm, I highly recommend him. Clara Barman
★★★★★
THE BEST. Honest, very knowledgeable, fast and easy. has helped me in numerous situations and has never failed me. Joe Gee
★★★★★
Charlie is a very skilled attorney that advocates hard for his clients. But the best part is he is an all around great guy. He cares about helping and doing what is right for people and his community. And he is not afraid to fight against those who do wrong or against threats to our world. He is fluent in Spanish as well. Do yourself a favor and call him. Andy
★★★★★
I had a lawyer on another case and I never spoke to the lawyer and I hated that I never knew what was going on in my case. Mr. Flaxman was in constant communication with me, explained everything to me, and his staff was really great too. My phone calls were always returned immediately. It was refreshing to be able to speak to my attorney personally. I would HIGHLY recommend Mr. Flaxman as an attorney to anyone who has been in an accident. Gloria
★★★★★
I found Mr. Flaxman to be an excellent attorney for my personal injury case. This is actually the second time I have used him and he really represented my interests. He explained everything thoroughly and he was very available for my questions. Carol