A drunk driving accident can change your life in an instant. The reckless decision of an intoxicated driver can leave you with severe injuries, mounting medical bills, and emotional trauma. While Michigan enforces strict DUI laws, these crashes continue to cause devastation on our roads.

At The Clark Law Office, we fight for victims of drunk driving accidents and hold negligent drivers accountable. If you were hit by a drunk driver, you may be entitled to compensation for medical expenses, lost wages, and pain and suffering. Our car accident lawyers have decades of experience handling DUI crash cases, and we know how to maximize your claim.

We take on insurance companies, negligent drivers, and even bars or establishments that served alcohol irresponsibly. Contact us today for a free consultation and let us help you get the compensation you deserve.

What Is a Drunk Driving Accident?

A drunk driving accident occurs when a driver operates a vehicle under the influence of alcohol or drugs, leading to a crash. These accidents are entirely preventable but continue to cause serious injuries and fatalities on Michigan roads every year.  Under Michigan law (MCL 257.625), a driver is considered legally intoxicated if their blood alcohol content (BAC) is 0.08% or higher. However, even lower BAC levels can impair judgment, slow reaction time, and increase the risk of accidents.  Drunk driving crashes often involve:

  • High speeds, making collisions more severe.
  • Erratic driving behavior, such as swerving, running red lights, or failing to yield.
  • Rear-end, head-on, and intersection crashes, often due to impaired reaction times.

Unlike other accidents, DUI crashes come with both civil and criminal consequences. If a drunk driver caused your injuries, you have the right to pursue compensation even if the driver faces separate criminal charges.

Michigan Drunk Driving Laws & Your Rights

Michigan has strict DUI laws to prevent impaired driving and hold intoxicated drivers accountable. If you were injured in a crash caused by a drunk driver, understanding these laws can help you protect your rights and pursue compensation.  Here’s an overview of Michigan’s drunk driving laws and penalties:

🚦 Law📜 Legal Limit / Rule⚖️ Consequences
Legal BAC Limit for Drivers 21+ 🚗0.08% or higherCriminal DUI charge
Zero Tolerance for Drivers Under 21 🧑‍🎓0.02% or higherLicense suspension, fines, community service
Super Drunk Law 🍾0.17% or higherHarsher penalties, longer jail time, higher fines
Refusing a Breath Test (Implied Consent Law) 🚔Automatic penaltiesLicense suspension for up to 2 years
DUI Causing Injury or Death ⚖️Felony offensePrison time, large fines, civil lawsuits

If a drunk driver caused your accident, you may be entitled to compensation for your injuries, lost wages, and other damages. Even if the driver avoids criminal charges, you can still file a personal injury lawsuit against them in civil court.

Who Is Liable for a Drunk Driving Accident?

Determining liability in a drunk driving accident isn’t always straightforward. While the impaired driver is usually responsible, other parties may also be held accountable under Michigan law.  Here’s a breakdown of who may be liable in a drunk driving crash:

⚖️ Responsible Party🚨 How They Can Be Held Liable
Drunk Driver 🚗🍺Violated DUI laws, caused the crash, responsible for damages
Bar or Restaurant (Dram Shop Liability) 🍷🏛️Overserved alcohol to an intoxicated or underage driver
Social Host (Providing Alcohol to Minors) 🏠🎉Served alcohol to a minor who later caused an accident
Employer (If Driver Was on the Job) 🏢🚚If a company employee caused the crash while working
Vehicle Owner (If Different From Driver) 🚘Liable if they knowingly allowed a drunk person to drive

Even if the drunk driver is convicted of a DUI, you will need to file a civil claim to recover compensation. An experienced Michigan drunk driving accident lawyer can help you hold all liable parties accountable and maximize your financial recovery.

Compensation Available to DUI Crash Victims

A drunk driving accident can leave victims facing overwhelming medical bills, lost income, and long-term suffering. While Michigan’s No-Fault insurance covers some expenses, it does not compensate for pain and suffering or other damages caused by a reckless drunk driver. If your injuries meet the state’s legal threshold, you may be entitled to additional compensation through a lawsuit against the at-fault driver.  The table below outlines the compensation available to victims of drunk driving accidents in Michigan.

💰 Type of Compensation📑 What It Covers
Medical Expenses 🏥Hospital bills, surgeries, rehabilitation, prescription medications
Lost Wages 💼Income lost due to injury recovery, future lost earnings
Pain and Suffering 😢Physical pain, emotional trauma, PTSD, diminished quality of life
Property Damage 🚗Repairs or replacement of your damaged vehicle
Wrongful Death Damages ⚖️🕊️Funeral costs, loss of companionship, loss of financial support (if fatal)
Punitive Damages 🚨Additional compensation in extreme DUI cases to punish reckless behavior

Since drunk driving is considered gross negligence, victims may also be eligible for punitive damages which go beyond standard compensation to hold reckless drivers accountable. If you were injured by an intoxicated driver, a Michigan DUI accident lawyer can help ensure you recover the full compensation you deserve.

Why You Need a Lawyer After a Drunk Driving Accident

After a drunk driving accident, you might assume that proving fault is easy since the other driver was intoxicated. However, insurance companies often try to minimize payouts or shift blame to reduce their liability. Having an experienced Michigan drunk driving accident lawyer can make a significant difference in securing full compensation.  A lawyer can:

  • Handle Insurance Companies – Insurers may try to downplay your injuries or deny liability. A lawyer protects your rights and negotiates aggressively.
  • Prove Negligence – While DUI is illegal, you must still prove how the driver’s intoxication caused your injuries. Legal expertise ensures strong evidence collection.
  • Calculate Full Compensation – Many victims underestimate their damages. A lawyer ensures you seek the maximum for medical bills, lost wages, and pain and suffering.
  • Pursue Punitive Damages – In cases of extreme recklessness, your attorney can argue for additional punitive damages to punish the drunk driver.
  • Fight for Justice in Court – If a fair settlement isn’t offered, a lawyer is prepared to take your case to trial and demand what you deserve.

Michigan has strict laws against drunk driving, but insurance companies don’t automatically pay what you’re owed. A skilled lawyer levels the playing field, ensuring you receive the compensation needed to move forward after a serious crash.

FAQs About Drunk Driving Accidents in Michigan

Drunk driving accidents often raise complex legal questions for victims. Below are answers to some of the most common questions we receive about Michigan DUI crashes and your rights to compensation.

Can I Sue a Drunk Driver for My Injuries?

Yes. In Michigan, you can file a personal injury lawsuit against a drunk driver if you suffered serious injuries. While No-Fault insurance covers medical expenses, a lawsuit allows you to pursue pain and suffering damages and other losses not covered by insurance.

Do Criminal Charges Affect My Civil Case?

Yes and no. A DUI conviction strengthens your case, but you don’t have to wait for a criminal case to conclude before filing a civil lawsuit. Even if the driver isn’t convicted, you can still pursue compensation through a personal injury claim.

What If the Drunk Driver Had No Insurance?

If the at-fault driver was uninsured, you may still have options. You can file a claim under your own Uninsured Motorist (UM) coverage, or sue the driver personally. A lawyer can help you explore all available compensation sources.

Can I Sue a Bar or Restaurant That Served the Drunk Driver?

Yes, under Michigan’s dram shop laws, you can hold a bar, restaurant, or liquor store liable if they illegally served alcohol to a visibly intoxicated person or a minor who later caused your crash.

How Long Do I Have to File a Claim?

Michigan’s statute of limitations for filing a car accident lawsuit is three years from the accident date. However, No-Fault insurance claims must be filed within one year to recover medical benefits and lost wages.

Contact a Michigan Drunk Driving Accident Lawyer Today

A drunk driving accident can turn your life upside down, leaving you with serious injuries, financial stress, and uncertainty about the future. You shouldn’t have to fight for fair compensation alone—we’re here to help.  At The Clark Law Office, we provide personalized legal representation that big firms can’t match. You’ll work directly with an experienced attorney who will fight for maximum compensation and guide you through every step of the legal process.  Call now for a free consultation and let’s discuss your case. We’re ready to fight for you.

Learn how DUI-related crashes relate to other types of collisions in our guide to common accident types.

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