If you have been involved in a DUI accident in Tucson, you may already be facing criminal charges. But did you know that you can also be sued after a DUI crash? Many people assume that once their criminal case is over, they are in the clear—but that’s not true.
In Arizona, DUI accidents often result in civil lawsuits, which can lead to financial damages that last long after the criminal penalties are resolved. If you are sued after a DUI crash, you may have to pay thousands—or even millions—of dollars in compensation to the victims.
At AZ DUI Pros, we understand how overwhelming this situation can be. Call (602) 922-3755 today for a free consultation and let us help you protect your rights and financial future.
Understanding How You Can Be Sued After a DUI Crash
If you are arrested for DUI in Arizona, you will likely face criminal charges under ARS § 28-1381. But even if you win your criminal case, you can still be sued after a DUI crash in civil court.
Two Ways You Can Be Sued After a DUI Crash
- Criminal DUI Charges – The State of Arizona prosecutes you for violating DUI laws. If convicted, you may face:
- Jail time or probation
- License suspension
- Heavy fines and court fees
- Mandatory alcohol education programs
- Civil Lawsuits – Even if you are not convicted of DUI, the victims can still sue you for damages. This is because the burden of proof in civil cases is lower than in criminal cases. If you are sued after a DUI crash, the victims may seek:
- Medical expenses
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
This means that being sued after a DUI crash can lead to severe financial consequences, even if you avoid jail time in the criminal case.
How Someone Can Sue You After a DUI Crash
If someone decides to sue you after a DUI accident, they must prove the following elements in court:
✔️ Duty of Care – As a driver, you have a legal responsibility to drive safely.
✔️ Breach of Duty – Driving under the influence violates that responsibility.
✔️ Causation – The DUI must have directly caused the accident and injuries.
✔️ Damages – The victim must prove they suffered physical, emotional, or financial harm.
If these elements are proven, you can lose the lawsuit and be forced to pay substantial damages.
Punitive Damages: When Courts Make You Pay More
One of the most severe financial risks of being sued after a DUI crash is the possibility of punitive damages. These are damages that go beyond compensation and are meant to punish the driver for reckless or dangerous behavior.
When Can a Victim Seek Punitive Damages?
In Arizona, punitive damages may be awarded if the court determines that the DUI driver acted with gross negligence or reckless disregard for human life. Factors that can lead to punitive damages include:
- High BAC Levels: If the driver had a BAC of 0.15% or higher, the court may view their behavior as especially reckless.
- Excessive Speeding: If the DUI crash occurred at a very high speed, punitive damages are more likely.
- Prior DUI Convictions: If the driver has a history of DUI offenses, the court may use punitive damages as a deterrent.
- Hit-and-Run DUI Accidents: Leaving the scene of a DUI crash can significantly increase financial penalties.
How Punitive Damages Increase Liability
Punitive damages can multiply the total amount owed in a lawsuit. For example, if a DUI victim is awarded $250,000 in compensatory damages, the court could also add $500,000 or more in punitive damages, leading to a massive financial burden on the defendant.
This is why being sued after a DUI crash is so dangerous—your total financial liability could skyrocket beyond standard compensation.
Hypothetical Scenario 1: How You Can Be Sued After a DUI Crash
John is leaving a downtown Tucson nightclub after a night of drinking. He thinks he’s fine to drive, but as he approaches an intersection, he fails to stop at a red light and hits a pedestrian, Lisa.
🚔 The police arrive and determine John’s BAC is 0.11%, over the legal limit. He is arrested for DUI under ARS § 28-1381.
🚑 Lisa suffers a broken arm, a concussion, and emotional trauma. While John fights his criminal DUI case, Lisa files a civil lawsuit against him. She seeks:
✔️ $45,000 in medical expenses
✔️ $20,000 in lost wages
✔️ $85,000 in pain and suffering
Even if John avoids a DUI conviction, Lisa still wins her lawsuit. The court rules that John’s drunk driving caused the accident, and he is ordered to pay $150,000 in damages.
This is a clear example of how you can be sued after a DUI crash, even if you don’t go to jail.
Hypothetical Scenario 2: How You Can Be Sued After a DUI Crash Even If You Have Insurance
Mark is driving home from a Super Bowl party in Tucson when he drifts into the opposite lane and collides head-on with another vehicle carrying a family of four.
🚔 Police obtain a blood sample, which confirms Mark had a BAC of 0.17%, making it an Extreme DUI under ARS § 28-1382.
🚑 The victims suffer severe injuries:
✔️ The father has multiple fractures
✔️ The mother requires several surgeries
✔️ A child in the backseat is placed in critical condition
The family decides to sue Mark after the DUI crash, claiming:
✔️ $500,000 in medical expenses
✔️ $250,000 in lost wages
✔️ $350,000 in pain and suffering
Mark’s insurance only covers $300,000, leaving him personally liable for $800,000. The court orders his assets to be seized to satisfy the judgment.
This case highlights how being sued after a DUI crash can financially destroy a person—even if they have insurance.
Wrongful Death Lawsuits: What Happens If a DUI Crash Results in a Fatality?
If a DUI crash causes a fatality, the driver can face vehicular manslaughter charges under ARS § 13-1103. However, even if the driver is not convicted of a crime, they can still be sued for wrongful death in civil court.
Who Can File a Wrongful Death Lawsuit in Arizona?
Under ARS § 12-611, certain family members can file a wrongful death lawsuit after a DUI crash, including:
- The deceased person’s spouse
- The children of the deceased
- The deceased person’s parents or legal guardian
Damages That Can Be Recovered in a Wrongful Death Lawsuit
If a DUI crash results in a fatality, the victim’s family may seek damages for:
✔️ Funeral and burial costs
✔️ Loss of financial support (income the deceased would have earned)
✔️ Loss of companionship and emotional suffering
✔️ Punitive damages if the DUI driver’s behavior was especially reckless
How a Wrongful Death Lawsuit Can Lead to Millions in Damages
Wrongful death lawsuits often result in multi-million dollar settlements. If you are sued after a DUI crash that resulted in a fatality, you could be held personally responsible for millions of dollars in damages, which could lead to:
- Seizure of your assets (bank accounts, property, cars)
- Wage garnishment for life
- Bankruptcy filings that may not eliminate the debt
If you have been involved in a DUI accident that resulted in a fatality, you need legal representation immediately.
Arizona Laws That Apply If You Are Sued After a DUI Crash
If you are sued after a DUI crash, several Arizona laws may apply:
📜 ARS § 28-1381 – Arizona’s DUI law (BAC of 0.08% or higher)
📜 ARS § 28-1382 – Extreme DUI law (BAC of 0.15% or higher)
📜 ARS § 28-1383 – Aggravated DUI law (repeat offenses or DUI crashes with injuries)
📜 ARS § 12-611 – Arizona’s wrongful death statute, allowing lawsuits if a DUI crash results in a fatality
📜 ARS § 12-542 – Establishes a two-year statute of limitations for filing a personal injury lawsuit
FAQs About Being Sued After a DUI Crash in Arizona
1. Can I Be Sued After a DUI Crash If I Wasn’t Convicted?
Yes. Civil cases have a lower burden of proof than criminal cases. Even if your DUI charges are dismissed, you can still be sued after a DUI crash in civil court.
2. How Long Do I Have to Respond If I’m Sued After a DUI Crash?
If you are sued after a DUI crash, you typically have 20 days to respond. Ignoring the lawsuit can result in an automatic judgment against you.
3. Can I Go to Jail If I’m Sued After a DUI Crash?
No. A civil lawsuit cannot send you to jail. However, if you are convicted of DUI, you could face jail time.
Get Help If You’re Sued After a DUI Crash
If you are sued after a DUI crash, you need experienced legal representation to protect your finances and future.
At AZ DUI Pros, we help clients fight DUI cases and civil claims to minimize their liability. Call us today at (602) 922-3755 for a confidential consultation.
📞 Don’t wait—your future is on the line!
