When a drunk driver causes your crash, Arizona law gives you tools that don't exist in a standard car accident claim. Impaired driving is more than negligence — it can support punitive damages and, depending on where the driver was served alcohol, claims against a third party.
Why DUI crashes are different
Arizona makes it illegal to drive with a BAC of 0.08% or higher, or while impaired to any degree (A.R.S. § 28-1381). When a driver violates this law and causes an accident, their conduct isn't just careless — it's reckless. That distinction opens the door to punitive damages, which are designed to punish egregious conduct and deter others. DUI cases are among the strongest candidates for punitive damage awards in Arizona personal injury law, particularly where the driver had a high BAC, a prior DUI, or was driving at excessive speed.
What a DUI accident claim can recover
Compensatory damages cover your actual losses: medical expenses past and future, lost wages and reduced earning capacity, property damage, pain and suffering, emotional distress, and loss of enjoyment of life. Loss of consortium — the impact on your relationship with your spouse — is also recoverable under Arizona law. Punitive damages are separate and intended to punish the drunk driver for their conduct; they're awarded by a jury in cases involving particularly egregious behavior.
Dram shop liability
Arizona's Dram Shop Act (A.R.S. § 4-311) allows injured victims to pursue claims against the bar, restaurant, or liquor store that served the driver alcohol if the establishment served someone who was visibly intoxicated. This matters most when the at-fault driver has limited insurance or no assets to pursue. Identifying every liable party — driver, insurer, dram shop defendant — is part of building a complete claim.
Insurance coverage in DUI crashes
Arizona requires minimum liability coverage of $25,000 per person (A.R.S. § 28-4009), but many impaired drivers carry minimums only — or no insurance at all. Your own UM/UIM coverage fills the gap when the at-fault driver is uninsured or underinsured. Under A.R.S. § 20-259.01, Arizona insurers must offer UM/UIM coverage; if you never signed a written rejection, you may still have it. MedPay coverage can pay your medical bills immediately while the liability dispute plays out.
The filing deadline
Arizona gives most personal injury victims two years to file from the accident date (A.R.S. § 12-542). DUI cases benefit from early investigation — police DUI reports, toxicology results, bar records, and witness accounts are all easier to obtain while fresh. See our post on the Arizona personal injury statute of limitations for exceptions.
Our car accident attorneys handle DUI crash claims throughout Phoenix and Scottsdale on a contingency fee basis. No fee unless we win. Call (480) 418-SHER (7437) or reach out online.