Every year, Phoenix-area news covers DUI crashes that injure or kill pedestrians, cyclists, and other drivers — the kind of case where the driver is arrested at the scene, booked on DUI charges, and the community is left with a family grieving a preventable loss. If you or someone you love has been hurt by a drunk driver in Arizona, here’s what the law actually allows you to do about it, separate from whatever happens in the criminal case.
The Criminal Case and the Civil Case Are Different Things
When a drunk driver is arrested, the state prosecutes them criminally — that process is about punishment (jail time, fines, license suspension), not about compensating the people they hurt. A civil injury or wrongful death claim is a completely separate legal process, brought by the victim or their family, aimed at recovering compensation for medical bills, lost income, pain and suffering, or — in a fatal case — the losses covered under Arizona’s wrongful death statutes.
Importantly, you don’t have to wait for the criminal case to conclude, and a civil claim can move forward even if the criminal case is dismissed, reduced, or the driver is acquitted. Civil court uses a much lower standard of proof (“more likely than not”) than criminal court’s “beyond a reasonable doubt,” so a civil claim for compensation can succeed even in situations where a criminal DUI charge doesn’t result in a conviction.
How a DUI Charge Helps a Civil Claim
When a DUI conviction does happen, it can be powerful evidence in the civil case through a legal concept called negligence per se — meaning that violating a safety law (like Arizona’s DUI statutes) is treated as negligence in itself, without having to separately re-prove that the driver acted unreasonably. On top of that, the evidence already gathered by police and prosecutors — the police report, blood alcohol test results, dashcam or body-camera footage, and witness statements — can generally be used to support the civil claim too, so victims and families aren’t starting the investigation from scratch.
What Compensation Covers
For a surviving victim, compensation in a DUI crash claim generally covers the same categories as any personal injury case: medical expenses, lost wages, and pain and suffering, among others.
When a DUI crash results in a death, Arizona’s wrongful death statutes apply. Under A.R.S. § 12-611, a death caused by a “wrongful act, neglect or default” — which a DUI crash clearly is — supports a wrongful death claim. A.R.S. § 12-612 sets out who has the right to bring that claim: the surviving spouse or children first, then parents if there’s no spouse or child, then the personal representative of the estate. And A.R.S. § 12-613 allows a jury to award whatever it finds “fair and just” for the loss, covering both the family’s financial losses and the loss of companionship and guidance. Arizona’s statute of limitations for a wrongful death claim is two years from the date of death.
What If the Driver Has No Money or No Insurance?
A driver who was impaired enough to be arrested for DUI isn’t always someone with significant personal assets or even valid insurance. This is exactly the situation where the victim’s own uninsured/underinsured motorist (UM/UIM) coverage — something we cover in more detail elsewhere — can become the practical path to real compensation, rather than relying solely on the at-fault driver’s ability to pay.
Why These Cases Still Need Real Investigation
Even with a DUI arrest as a strong starting point, these cases still benefit from independent investigation: confirming exactly how the crash happened, identifying every potentially liable party (a bar or venue that over-served a visibly intoxicated patron can sometimes share liability under Arizona’s dram shop laws, for example), and making sure the full scope of damages — including long-term or catastrophic injuries — is properly documented before any settlement is discussed.
Common Questions
Do I have to wait until the criminal case is over to file a civil claim?
No. The civil claim is separate and can proceed on its own timeline, though your attorney may coordinate around key criminal case developments where it’s strategically useful.
What if the DUI charges get dropped or reduced?
Your civil claim doesn’t depend on a criminal conviction. Civil court uses a lower standard of proof, so evidence of impairment can still support your claim even without a DUI conviction.
How long do I have to file a claim?
Two years from the date of the injury, or two years from the date of death for a wrongful death claim under A.R.S. § 12-611.
What if there’s no insurance or the driver can’t pay?
Your own uninsured/underinsured motorist coverage, if you have it, can often fill that gap — this is one of the first things worth checking in a free case review.
