While most people know that civil courts can help injured victims get monetary damages from liable defendants, criminal courts can also help victims financially. Restitution is a sum of money paid by convicted criminal defendants to victims for various economic damages. Criminal courts may impose restitution as part of sentencing.

Restitution may be imposed as part of a criminal sentence for a DUI. Restitution may be more likely if the defendant caused a serious accident while under the influence of drugs or alcohol. Claims for restitution differ significantly from claims for civil damages. While victims of DUI accidents can seek restitution from criminal courts, they may only receive compensation for economic losses, and restitution is not always guaranteed. Even so, a victim of a DUI accident may still seek civil damages, whether or not they receive restitution in criminal court.

Contact our Arizona personal injury attorneys for a free case review by calling the Phoenix Accident and Injury Law Firm at (480) 428-0816.

What Is Restitution for a DUI Accident?

A driver convicted of a DUI offense in Arizona may face a criminal sentence that includes jail time, fines, fees, and restitution. An attorney can help victims of DUI accidents seek restitution from the courts.

Who Receives Restitution?

While victims do not initiate criminal proceedings, courts often consider them when sentencing convicted defendants. One way that criminal courts consider victims is through restitution. Restitution is a sum of money that the defendant may be ordered to pay to the victim of their crime. Restitution is not considered a fine or legal fee, which would be money a defendant must pay to the state, federal, or local government prosecuting the crime.

Restitution and Civil Damages

Restitution for injuries and losses from a DUI accident should not be confused with civil damages. Restitution typically covers the victim’s financial costs from the accident, including medical bills, property damage, lost wages, and other costs. Restoration typically does not account for non-economic damages, like pain and suffering, as these types of damages are only available in civil cases. However, someone injured in a car accident may bring a civil suit against a reckless driver to recover the full amount of damages.

How Do I Ask for Restitution in an Arizona DUI Accident Case?

Restitution might not be provided unless the victim of the DUI accident directly asks for it. If an intoxicated driver injured you, get your own lawyer who can help you seek restitution during the driver’s criminal trial.

Document Your Costs

Remember, restitution is based on your financial costs from the accident. As such, you must carefully document your costs. Gather medical bills and records, vehicle repair invoices, and receipts for any other costs you incurred as a direct result of the accident. If you cannot work because of your injuries, we should present proof of your income, such as pay stubs, and evidence of how long you have been unable to work.

Submit a Victim Impact Statement

Since victims of crimes are not the ones who initiate criminal proceedings – the state does – you typically do not contact the court directly about restitution. Instead, you may submit a Victim Impact Statement to the prosecutor or to a victim advocate who works alongside prosecutors. It is best to reach out to prosecutors or victim advocates as soon as possible to inform them that you wish to seek restitution.

Hire a Lawyer

Even though victims of crimes are not considered parties to criminal cases (they act more as witnesses), you should still hire a lawyer. Your lawyer can help you gather the information you need to seek restitution and reach out to the prosecutor’s office for you. Once the criminal case is complete, your lawyer can immediately begin working on a civil case to help you fully cover your damages.

What Does Restitution Cover in an Arizona DUI Accident Case?

Restitution typically covers the financial costs of victims of crime, and victims may present evidence to the court of their costs.

Economic Costs of the Accident

Restitution covers only financial costs suffered by crime victims. If you are involved in a car accident with an intoxicated driver, you may receive restitution to cover the costs of medical treatment, vehicle repairs, and various other costs you might have experienced.

Although crime victims may not claim restitution in the same way they might claim civil damages, they may present evidence of their costs to the court. The judge will consider these costs when imposing restitution as part of a convicted defendant’s sentence.

Only Convicted Offenses Considered

It is important to note that restitution may be considered only for the charges for which the defendant is actually convicted. It is common for defendants to face multiple charges in criminal court and be convicted of some but not others. Only your costs that are the direct result of criminal conduct for which the defendant is convicted may be compensated with restitution.

If the defendant in a DUI case is not convicted for the behavior that led to your economic losses, you might not be able to get restitution for those specific losses.

Pain, Suffering, and Distress

Victims of DUI accidents may experience a wide range of non-economic damages and injuries. Pain, distress, suffering, and psychological trauma are common in these kinds of accidents, especially if injuries are severe. Unfortunately, non-economic injuries are not considered when assessing restitution.

However, you may claim non-economic damages in a civil lawsuit. Whether you receive restitution in a criminal case does not affect your civil claims. You may file a civil lawsuit even if the defendant is not criminally convicted.

Calculating and Collecting Restitution for DUI Accidents

Restitution must reflect the economic costs incurred by the victim of a DUI accident. As such, restitution must be carefully calculated and based on sound evidence.

Who Determines Restitution?

Restitution for DUI accidents is calculated by a criminal court. It is based on the damages incurred by the victim of the drunk driver. This amount is likely to include the costs of repairing and/or replacing the victim’s car, lost wages, and any other actual monetary amount that the victim lost because of the drunk driver’s careless actions.

What if a Defendant Cannot Afford Restitution?

What many do not know about restitution for DUI accidents is that the judgment cannot be discharged in a bankruptcy proceeding, may convert to a civil judgment and be enforced via wage garnishment, or even extend a defendant’s probationary period by up to five additional years until they pay the restitution amount.

What if a Defendant Passes Away Before Paying Restitution?

Additionally, a restitution order can even survive the death of a defendant and be enforceable against his or her estate. Arizona law does not take restitution payments lightly. While a defendant will not be forced to pay more than they can afford each month, these payments will not cease until the entire balance is paid.

FAQs About Restitution in Arizona DUI Accident Cases

What is Restitution in Arizona?

Restitution in Arizona is a sum of money ordered by a criminal court to be paid to a crime victim. Restitution is imposed as part of a convicted defendant’s sentence and is meant to help victims cover their costs.

Can I Get Restitution if I am Injured in a DUI Accident?

Yes. People injured by DUI drivers may be provided with restitution to cover things like hospital bills, property damage, and lost income if their injuries prevent them from returning to work. Your attorney can help you seek restitution when the DUI driver is tried in criminal court.

Who Pays for Restitution in Arizona DUI Cases?

Convicted defendants pay restitution as ordered by the criminal court that sentenced them. When ordered, restitution is mandatory, and defendants generally cannot avoid paying. Even if the defendant cannot afford to pay restitution up front, they may be required to make monthly payments or work out other payment arrangements.

How Do I Obtain Restitution for a DUI Accident?

While criminal courts may award restitution, victims may seek restitution from the court ahead of sentencing. Your attorney can help you bring your request for restitution to the court and provide evidence to support your claim.

Can I File a Civil Personal Injury Lawsuit if I am Given Restitution for a DUI Accident?

Yes. What happens in a criminal court should not impact your rights in civil court. If you are awarded restitution, you may still file civil claims for additional damages. Even if the defendant is not convicted in criminal court, you may still sue them in civil court.

Will I Still Get Restitution if the Defendant Appeals Their Conviction?

Possibly. When a convicted defendant appeals their conviction, they must continue making restitution payments while their appeal is pending. However, you may not receive these payments until after the appeal is completed. If the defendant loses their appeal, you may receive the restitution money.

How Much Restitution Can I Receive After Being Injured in a DUI Accident?

Restitution is based on the DUI accident victim's actual costs from the accident. Your medical bills, property damage, and other expenses may be significant. Restitution is not capped by law in Arizona, but it may not be worth more than your actual expenses.

Is Restitution in Arizona Capped or Limited?

No. Restitution may be as high as necessary to adequately compensate the victim for their economic expenses. If your expenses are worth thousands, then restitution may be worth the same.

What Happens if a Defendant Cannot or Refuses to Pay Restitution?

Restitution may be more than a defendant can afford, but they are still required to pay. If the defendant cannot afford to pay, they may be ordered to make monthly payments until everything is paid. If they refuse to pay, the court may intervene by placing a lien on the defendant’s property or garnishing their accounts.

What if Restitution is Not Enough to Cover All My Damages in a DUI Accident Case?

While restitution may cover various financial costs from the DUI accident, you may have extensive non-economic injuries that restitution does not compensate. As such, you may file a civil lawsuit against the DUI driver to recover these damages.

Call Our Arizona Personal Injury Attorneys if You Were Injured in a DUI Accident

Contact our Arizona car accident attorneys for a free case review by calling the Phoenix Accident and Injury Law Firm at (480) 428-0816.