When a drunk driver injures you, the state may prosecute them for DUI. But that criminal case is about punishing the driver, fines, license suspension, even jail, not about paying your medical bills or replacing your lost income. To recover compensation, you need a separate civil injury claim.
The Criminal Case Is Not Your Compensation
The two proceedings run on different tracks. A criminal conviction, or even an arrest, can serve as powerful evidence in your civil case, but you do not have to wait for the criminal case to conclude to pursue your own claim.
Punitive Damages Against Impaired Drivers
Arizona law allows punitive damages when a defendant's conduct is especially reckless or malicious, and driving drunk often qualifies. Unlike compensatory damages, which reimburse your losses, punitive damages are meant to punish the wrongdoer and deter others.
The availability of punitive damages can significantly increase the value of a claim against a drunk driver and reflects how seriously Arizona treats impaired driving.
Arizona's Dram Shop Law
Under A.R.S. § 4-311, a bar, restaurant, or other licensed establishment can be held liable if it served alcohol to an obviously intoxicated patron or to a minor who then caused a crash. This 'dram shop' liability can provide a crucial additional source of compensation, especially when the drunk driver's own insurance is inadequate for catastrophic injuries.
Proving a dram shop claim requires evidence about where and how much the driver was drinking, receipts, surveillance, and witness accounts, which is why prompt investigation matters.
Building Your Case as a DUI Victim
Preserve the police report and any evidence of the driver's drinking and its source. Get thorough medical documentation. Do not rely solely on the criminal process or on a quick insurance offer. A free case review can identify every responsible party, the driver, an over-serving establishment, and pursue the full compensation, including punitive damages, that you deserve.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Arizona attorney.