Drunk Driving Accident Lawyer in Alpharetta, GA

Two cases, running side by side

When a driver is arrested for DUI after hitting you, two separate processes start.

The criminal case belongs to the State of Georgia. A prosecutor decides what to charge and whether to make a plea deal. You are a witness in that case, not a party to it. It can result in jail, fines, a suspended license and sometimes an order to pay restitution. But it is not designed to compensate you for your injuries.

The civil claim is yours. It is brought against the driver, and through them their insurer, for your medical bills, lost wages and the pain and disruption of the injury. It does not wait for the criminal case to finish, and it has its own deadline: generally two years from the crash (O.C.G.A. § 9-3-33).

A conviction or guilty plea in the criminal case can be powerful evidence in the civil case. But a plea deal down to a lesser charge does not weaken your injury claim. The two run on different standards.

On the public-safety side, Georgia’s Governor’s Office of Highway Safety runs the state’s impaired-driving programs. Your civil claim is separate from all of it.

Punitive damages

In most injury cases, Georgia caps punitive damages. That cap does not apply when the at-fault driver was impaired by alcohol or drugs to the point their judgment was substantially impaired (O.C.G.A. § 51-12-5.1).

Punitive damages are not about compensating you. They exist to punish conduct and deter it. Whether they are available, and how much they could matter, depends on the evidence of impairment. That means the breath or blood test, the arrest report, the officer’s observations, and what the driver said at the scene.

Was someone else responsible for the drinking?

Sometimes. Georgia law allows a claim against a person or business that served alcohol to someone noticeably intoxicated. The server must have known that person would soon be driving (O.C.G.A. § 51-1-40). The same rule applies to serving someone under 21 in some circumstances.

These claims are narrow and fact-specific. They depend on what the server saw and knew. When they apply, they matter, because a bar or restaurant usually carries more insurance than an individual driver.

Evidence that disappears

Receipts and bar tabs. Security footage from the bar and the roads in between. The police dashcam and bodycam. The breath test record. Witness names. Most of this exists for weeks, not months. A preservation letter needs to go out early.

What to do now

Get treated and keep every appointment. Get the police report number. Do not give the other driver’s insurer a recorded statement, and do not assume the criminal case will take care of you. The prosecutor’s office has staff who can keep you informed about the criminal side; they cannot pursue your injury claim.

Impaired drivers are frequently underinsured. Your own uninsured and underinsured motorist coverage may be what pays the difference.

Drunk-driving crashes are handled like the rest of our Alpharetta car accident claims, with the extra evidence work described above.

Related: car accidents · wrongful death

Common questions

Do I have to wait for the DUI case to finish before filing my injury claim?

No. The civil claim is yours and runs on its own track and its own deadline, generally two years from the crash. A conviction can help as evidence, but you do not need to wait for one.

Can I get punitive damages from a drunk driver in Georgia?

Possibly. Georgia normally caps punitive damages. The cap does not apply when alcohol or drugs substantially impaired the driver's judgment (O.C.G.A. § 51-12-5.1). The evidence of impairment decides it.

Can I sue the bar or restaurant that served the driver?

Sometimes. Georgia allows a claim against anyone who served alcohol to a person who was noticeably intoxicated, knowing they would soon be driving (O.C.G.A. § 51-1-40). These claims turn on what the server saw and knew.

What if the drunk driver has little or no insurance?

Your own uninsured and underinsured motorist coverage may pay the difference. Impaired drivers are often underinsured, so we check every policy that could apply, including those of relatives in your household.

Will a plea deal to a lesser charge hurt my injury claim?

No. A plea to a lesser charge does not weaken your civil claim, because the two cases run on different standards. The evidence of what the driver did still counts.