Hit by a Drunk Driver in Arizona: What to Do

A drunk driving crash isn’t just a crash. It’s a crime AND a civil matter. The criminal case the prosecutor handles, and the civil case you and your family handle, run on parallel tracks. They address different things. Both matter.

If you’ve been hit by a drunk driver in Arizona, this guide walks through what’s happening and what to do.

What Happens First

After a drunk driving crash, multiple processes start moving at once:

These tracks operate independently. The criminal case can take a year or more to resolve. Your civil claim doesn’t have to wait.

Your Rights After a DUI Crash

Arizona has a Victim’s Bill of Rights in the state constitution and codified in ARS 13-4401 and following. Key rights include:

• The right to be informed of all court proceedings
• The right to be present at criminal hearings, trial, and sentencing
• The right to be heard at sentencing
• The right to confer with the prosecutor before plea agreements
• The right to restitution ordered by the court
• The right to refuse to be interviewed by the defendant’s attorney or investigator

Make sure the prosecutor’s office knows you want to be involved. The Maricopa County Attorney’s Office has a Victim Services Division that will keep you updated and help you navigate the process. Don’t assume they have your contact information. Reach out and confirm.

Criminal Case vs Civil Case

The two tracks address different things:

Criminal case (prosecutor vs driver):

• Goal: punish the driver and protect the public
• Outcome: jail or prison, probation, fines, license suspension, ignition interlock
• Restitution: court-ordered payment for some victim losses, but typically limited
• Burden: proof beyond a reasonable doubt
• You don’t pay anything; the prosecutor handles it

Civil case (you vs driver and bar):

• Goal: compensate you and your family for losses
• Outcome: monetary damages
• Damages: medical bills, lost wages, pain and suffering, loss of consortium, punitive damages
• Burden: preponderance of the evidence (much lower than criminal)
• You hire an attorney (typically on contingency, no upfront cost)

You can pursue both. The criminal case doesn’t preclude the civil case. The two often interact: a guilty plea or conviction in the criminal case can be used as evidence in the civil case to establish liability.

The Civil Claim: What to Do

Punitive Damages

Arizona allows punitive damages when a defendant acted with an “evil mind.” Drunk driving often meets this standard. The Arizona Supreme Court has held that getting behind the wheel after consuming significant amounts of alcohol can constitute conscious disregard for the safety of others, which is the punitive damages threshold.

Punitive damages serve two purposes: punish the defendant and deter similar conduct. They’re separate from compensatory damages and can significantly increase the total recovery.

Insurance companies generally don’t pay punitive damages on behalf of their insureds (though Arizona law on this is nuanced and policy-specific). This means punitive damages may have to come from the defendant’s personal assets, which is often the driver’s wages garnished over time. In cases involving a bar, the bar’s commercial liability policy may cover punitive damages.

Restitution from the Criminal Case

Arizona judges can order restitution as part of a criminal sentence. Restitution typically covers documented economic losses: medical bills, funeral expenses, property damage, lost wages. It doesn’t cover pain and suffering or other non-economic damages.

To receive restitution, you have to:

Restitution is helpful but rarely sufficient. Drunk drivers often have limited income and pay restitution slowly over years. The civil case is where the meaningful financial recovery happens for most families.

Wrongful Death Cases

If a family member died in the crash, the wrongful death claim is brought by the surviving spouse, children, parents, or personal representative under ARS 12-611 and 12-612. Damages include:

• Loss of companionship and society
• Loss of financial support
• Loss of household services
• Funeral and burial expenses
• The decedent’s medical expenses before death
• Loss of consortium

The two-year statute of limitations runs from the date of death, not the date of the underlying crash. Get an attorney involved early. The dram shop investigation, the criminal case coordination, and the evidence preservation all need to happen quickly.

Resources for Families

• MADD (Mothers Against Drunk Driving) Arizona: madd.org/arizona. Victim services, support groups, victim impact panel coordination.
• Arizona Department of Corrections Victim Services: corrections.az.gov victim services. State-level victim resources and compensation fund information.
• Maricopa County Attorney’s Office Victim Services: Contact through the county attorney’s main number.
• Arizona Crime Victims Compensation Fund: Up to $25,000 in compensation for crime victim out-of-pocket expenses. Apply through the county attorney’s office.

What the Maricopa County Courts Actually Do

The criminal DUI case runs through a specific court depending on severity. First-offense misdemeanor DUIs and most non-aggravated cases go to the municipal court or justice court where the crash happened, for example Phoenix Municipal Court, Glendale Municipal Court, or Peoria Justice Court. Aggravated DUI charges (third DUI within 84 months, DUI with a child passenger under 15, DUI on a suspended license) are felonies and go to Maricopa County Superior Court in downtown Phoenix.

Wrong-way DUI fatalities and DUI manslaughter cases also land in Superior Court.

The civil case against the driver and any bar filing under dram shop law is filed in Maricopa County Superior Court when damages exceed $10,000, which they almost always do in a DUI injury case. Small cases under $10,000 can go to justice court, but an injury case with an ER visit, physical therapy, and lost wages will almost always clear the Superior Court threshold.

Your attorney files the complaint and serves the defendants, and the case moves through discovery, depositions, and either settlement or trial over roughly 18 to 24 months.

When to Call a Lawyer

Call us if any of the following are true:

• You or a family member was seriously injured or killed
• The crash involved an impaired driver
• You’re not sure where the driver was drinking
• The driver’s insurance is offering less than your medical bills
• You want to understand your civil options
• You want help coordinating with the criminal case

Confidential intake. (602) 654-0202. AZ Law Now handles drunk driving injury cases throughout the West Valley and greater Phoenix area. Representation is on contingency.