Can I pursue punitive damages against an intoxicated driver in Florida?

Yes. Florida courts recognize operating a vehicle while impaired by alcohol as gross negligence. Under Florida Statute § 768.736, the statutory caps that typically limit punitive damage awards in standard civil cases do not apply when the at-fault driver was intoxicated with a blood alcohol level exceeding the legal limit or impaired by substances. Punitive damages are intended to punish intentional misconduct or gross negligence and deter future dangerous behavior. Claimants must obtain court approval by presenting preliminary evidence of the driver's intoxication, such as toxicology tests, chemical breath tests, or police incident reports.