What Happens If You’re Hit by a DUI Driver in Arizona? Legal and Financial Fallout
Being struck by a drunk driver is one of the most frustrating and traumatic experiences you can go through as an Arizona motorist. The crash itself may be over in seconds, but the consequences can last months, years, or even a lifetime. From medical expenses to legal battles, the fallout is often far more complicated than most drivers expect.
If you've been hit by someone driving under the influence in Arizona, it’s critical to understand your rights—and what legal options may be available. We help connect victims with an Arizona car accident attorney for a free consultation to assess your path forward.
Arizona Takes DUI Crashes Seriously
Arizona has some of the strictest DUI laws in the country. Drivers can be charged with DUI even with a blood alcohol concentration (BAC) as low as 0.04% if impairment is observed. Penalties include jail time, license suspension, fines, and mandatory ignition interlock devices.
But for the victims of DUI crashes, criminal charges alone don’t pay the bills. That's why Arizona law also allows you to pursue civil damages against the drunk driver.
What Victims Are Legally Entitled To
After a DUI crash, you may be entitled to compensation for:
Medical expenses (past, current, and future)
Lost wages or earning potential
Pain and suffering
Vehicle repairs or replacement
Loss of enjoyment of life
Permanent disability or disfigurement
If the drunk driver’s actions were especially reckless—for example, if they were driving the wrong way on the freeway or had prior DUI convictions—you may also be able to pursue punitive damages.
What Happens If the Driver Is Uninsured or Underinsured?
Unfortunately, many drunk drivers are also uninsured. If that happens, your own uninsured/underinsured motorist coverage may come into play.
A lawyer can help you navigate this complex part of your policy and ensure your insurance provider treats the claim fairly—especially in severe cases involving:
DUI Collisions Happen Everywhere in Arizona—But Tempe Has High Risk Zones
While DUI-related crashes can happen anywhere, urban areas with nightlife and college populations often see higher rates. In Tempe, DUI risks are elevated in neighborhoods like:
Late-night crashes, wrong-way drivers, and intersection collisions are all common in these areas. Add in rideshare traffic, and the roads become even more unpredictable.
Criminal vs. Civil DUI Cases: What's the Difference?
The state of Arizona may pursue criminal charges against the driver. This can lead to:
Jail or prison time
Probation
Alcohol education programs
Restitution ordered by a judge
But these criminal penalties are separate from the civil lawsuit you may file. Even if the driver is never convicted in criminal court, you can still file a claim for damages. Civil cases require a lower burden of proof ("preponderance of the evidence" vs. "beyond a reasonable doubt").
Why You Should Never Accept the First Settlement
Insurance companies often try to settle DUI accident claims quickly—especially if their policyholder is clearly at fault. But early offers rarely account for long-term injuries, future treatment, or emotional trauma.
You may be dealing with hidden conditions that take time to surface, including:
Chronic pain
PTSD
Balance and coordination problems
An attorney can ensure your claim reflects the full scope of the damage, not just the immediate aftermath.
What to Do If You're Hit by a Drunk Driver
If you suspect the other driver is impaired:
Call 911 immediately and report your suspicions.
Document everything (photos, witness info, crash details).
Do not engage with the impaired driver.
Request a full medical exam—even if you feel okay.
Talk to a lawyer before speaking with the insurance company.
For additional legal information, check resources at az.gov or the Arizona courts website.
How a Lawyer Helps Maximize Your Claim
Legal support can make a massive difference in DUI crash claims. A car accident attorney can:
Gather BAC evidence and police reports
Request dashcam or surveillance footage
Prove the driver’s history of reckless behavior
Calculate future medical and financial losses
Pursue both compensatory and punitive damages
If your crash happened in places like Meyer Park or North Tempe, having someone local to the scene can be a major advantage.
Hit by a drunk driver in Arizona? Don’t go it alone. Get a free consultation with a lawyer through Tempe Car Accident Attorney and learn what your case is truly worth.
