A Drunk Driving Crash Opens Two Cases: Criminal and Civil
When the police arrest a driver for DUI after a crash, two separate cases start. The criminal case is between the state and the driver: the prosecutor files the criminal charges, and a conviction can bring fines, a suspended license, or jail. That case punishes the driver; it isn't built to pay for everything you lost.In 2024, 11,904 people died in crashes involving a drunk driver in the United States—one every 44 minutes, according to the NHTSA. When the police arrest that driver, a criminal case begins: the prosecutor charges them, and a judge decides their punishment. That case does not pay for your hospital bills or your lost wages.
Your compensation comes from the civil case, the claim you bring against the driver and their insurance company. It runs on its own schedule and does not depend on a conviction. The driver can plead to a lesser charge, or the criminal process can take months, and your claim still moves forward.That is what a civil claim is for; it is yours and can move forward even if the driver has not yet been convicted. The alcohol test, the police report, and any video footage are useful in both cases, and it is best to have an attorney request them as soon as possible.
Depending on the state, the offense is called DUI (driving under the influence) or DWI (driving while intoxicated), and the name doesn't affect your claim.
The deadline does matter. In California, Georgia, and Illinois you have 2 years from the crash to file a personal injury lawsuit. If the responsible party is a public entity, the window is shorter: 6 months to file a claim in California, and 1 year against local public entities in Illinois.
Call 800 201 1220 and a person will answer in Spanish.
Questions People Ask Us Before They Call
1.- I don't have papers. Can I still get compensation?
Yes. A personal injury case protects you regardless of your immigration status, and the consultation is confidential.
2.- I don't have money for a lawyer.
You don't need it. The lawyer is paid on contingency: if you don't win, you don't pay.
3.- The other driver's insurance already called and wants me to sign.
Don't sign anything or give a recorded statement before a lawyer reviews it. A quick settlement offer can arrive before you know what your injuries will cost.
4.- The driver was arrested. Do I have to wait for the trial?
No. Your civil claim doesn't wait for the criminal case to end.
5.- I don't have the police report.
The lawyer can request it. If the officer gave you a report number, keep it.
We Handle DUI and DWI Cases in These States
Los Angeles, the Inland Empire, the Central Valley, and the entire state. Two years to file a lawsuit.
Atlanta, Augusta, Savannah, and the rest of the state. The cap on punitive damages does not apply to drunk drivers.
Chicago and the counties of Cook, DuPage, Kane, and Lake. In addition to the driver, you can file a claim against the bar that sold the alcohol.
It is called a DWI there. The deadline to file a personal injury lawsuit is three years.
NEW JERSEY AND PENNSYLVANIA
Two years to file a lawsuit, and a claim against the establishment that continued to serve alcohol to someone who was visibly intoxicated.
Don't see your state? We can still review your case. Call now: 800 201 1220
What the Law Says About DUI Accidents
DUI or DWI, depending on the state
It is the same thing: driving under the influence of alcohol or drugs. In all the states where we provide services, the limit is 0.08% blood alcohol content, and 0.04% for commercial drivers. Driving while high also counts.
Punitive damages: a punishment added to your compensation
In addition to your expenses and pain, a judge or jury may add an amount to punish the drunk driver. In Georgia, the $250,000 cap that applies to other lawsuits does not apply in these cases.
The bar may also have to pay
In Illinois, you can file a claim against the bar or store that sold the alcohol that caused the intoxication. In New York, New Jersey, and Pennsylvania, this applies when they continued to serve someone who was visibly intoxicated. In Illinois, the 2026 limits are $90,411 per injured person and $110,503 for loss of support. In Georgia, it only applies if they knew the person was going to drive, and in California, it almost never applies, unless they sold to a minor.
Two years to file a lawsuit, three in New York
The clock starts ticking from the moment of the crash. If the responsible party is a public vehicle, such as a city bus, notice deadlines are much shorter.
Support for victims as the case progresses
In California, the California Victim Compensation Board (CalVCB) covers DUI victims and can pay for medical and mental health expenses. You can apply up to seven years after the crash. Other states have similar programs.
Don't know the deadline for your case? We'll tell you today, for free: 800 201 1220.
