Will a DUI affect my personal injury case?

Personal Injury - July 7, 2026

A DUI is very likely to affect your personal injury or car accident case, whether it’s just an arrest or a conviction in criminal court. Whenever a DUI or another criminal charge is involved, it’s wise to speak with a Chicago personal injury lawyer about how it may affect your case and what role it may play in establishing liability and recovering compensation.

will a dui affect my personal injury case

How does a DUI affect a personal injury claim?

The most common way that a DUI charge can impact a personal injury claim is when the driver with the charge is involved in the case. When you pursue a personal injury case, you must show that the other person is liable for your injuries. Arrests or DUI convictions can go a long way toward showing that the driver was negligent for choosing to drive when they did.

We often use citations issued at the scene to support our argument of negligence, and a DUI ticket or charges often provide convincing evidence that the other driver was failing in their general duty of care to protect other drivers on the road. This may include field sobriety tests, breathalyzer or blood test results, and police reports that document the date of the accident.

What’s the difference between the criminal DUI case and my civil case?

While a criminal DUI case may heavily impact the outcome of your civil case, these are two very different things with different purposes. A criminal case is meant to hold the offender accountable for breaking the law. The verdict or outcome is almost exclusively focused on punishing the wrongdoer, and charges are typically pursued by the state or county.

A personal injury case is a civil matter that focuses on helping the victim recover their damages and losses. These cases are pursued by the injury victim and typically have no direct connection to criminal court or charges, and usually involve more negotiation between the individuals and the insurance companies.

Does a DUI conviction make my case easier to prove?

Regarding criminal DUI convictions, the burden of proof is higher than in civil cases. When you are able to show that someone engaged in driving under the influence beyond a reasonable doubt, it is typically much easier to translate that into convincing evidence of negligence:

  • Duty of Care: Every driver has a duty of care to other drivers. This includes following traffic laws
  • Breach of Duty: Driving under the influence is a direct violation of traffic laws and, therefore, a breach of the duty of care.
  • Causation: We must show that their drunk driving caused your accident. For example, they failed to maintain their lane and hit you
  • Damages: Finally, we must show the connection between the accident and the damages you claim. This typically includes losses such as medical expenses, lost wages, and other financial and non-financial harm that resulted from the drunk driving accident.

In civil court, the burden of proof is simply providing a preponderance of evidence, or convincing the courts that your version of events is more likely than not to be fact. Once a personal injury attorney can establish a clear breach of duty and, therefore, liability, it often becomes easier to establish causation and damages.

Can I recover punitive damages from a drunk driver?

Punitive damages are meant to punish dangerous conduct and deter others from doing the same. Illinois law allows punitive damages when a defendant’s conduct was willful and wanton, and drunk driving is one of the clearest examples of that kind of conduct.

The process has a specific requirement, though. Under Illinois law, you can’t request punitive damages in your initial complaint. Your attorney has to ask the court for permission to add the claim, and a judge decides whether it has a reasonable chance of success. Punitive damages also aren’t available in every type of case, so it’s worth asking a personal injury lawyer whether they’re realistic in yours.

Speak with a Chicago personal injury lawyer about your drunk driving claim

If you’ve been injured by a drunk driver, you may be entitled to compensation for your injuries. Whether or not the other person is facing criminal charges, you can reach the team at Horwitz, Horwitz & Associates by phone at (800) 985-1819 or schedule a free consultation online to discuss your personal injury claim.