How Utah Drunk Driving Accident Victims Can Recover Damages
General information, not legal advice. Read the full disclaimer.
Short answer: If a drunk driver injures you in Utah, you may have several civil routes in addition to any criminal case: a claim against the driver (and the driver's insurer), a claim for punitive damages — which Utah law exempts from the usual clear-and-convincing proof and conduct standards for DUI cases — and, if a bar or other business over-served the driver, a dram shop claim that must be filed within two years. Utah's DUI law makes it illegal to drive or be in actual physical control of a vehicle with a blood or breath alcohol concentration of .05 or greater, or while impaired to a degree that makes you unable to drive safely.
Who this guide is for
People injured in a crash with a driver who had been drinking, and the families of people killed in such crashes.
The criminal case and your civil claim are separate
The state prosecutes DUI. Your civil claim is a separate case for your losses: it uses a different standard of proof and a different timeline, and a criminal conviction or a plea can be useful evidence, but you don't need a conviction to bring a claim. Under Utah Code § 41-6a-502, DUI is committed by operating or being in actual physical control with a BAC of .05 or greater at the time of the test or of operation, or while under the influence to a degree that renders the person incapable of safely operating a vehicle.
Claims against the driver
You can seek compensatory damages: medical expenses, lost wages and earning capacity, property damage, and non-economic damages such as pain and suffering — subject to Utah's no-fault rules for auto crashes. See Utah's No-Fault Tort Threshold. The driver's liability policy may pay, but its limits may be modest: see Utah Minimum Auto Insurance Requirements. If the driver was uninsured or underinsured, your own UM/UIM coverage may apply. See Utah Uninsured and Underinsured Motorist Claims.
Punitive damages
Utah generally requires clear and convincing evidence of willful and malicious conduct, fraud, or knowing and reckless indifference to support punitive damages. But § 78B-8-201(1)(b) says those limitations don't apply to punitive damages arising from a tortfeasor's operation of a motor vehicle or motorboat while voluntarily intoxicated or under the influence of drugs as prohibited by § 41-6a-502. Discovery into the defendant's finances is likewise not restricted by the usual prima facie showing in these cases. If punitive damages are awarded, the injured party receives the first $50,000 and the excess is divided equally with the state. See Utah Punitive Damages in Injury Claims.
Claims against a bar, restaurant, or other provider
Under the Dram Shop Act, a provider who directly gave or sold alcohol that caused the intoxication of someone under 21, apparently under the influence, or known to be under the influence can be liable for the resulting injuries or death. Key limits: a two-year deadline, a $1,000,000 cap per person (and $2,000,000 per occurrence), and no punitive damages from the provider. A prima facie rule applies when the person drank the last drink at that location and the crash occurred within 30 minutes and 10 miles. See Utah Dram Shop Liability.
Other responsible parties
- Employers if the driver was working or on a work errand.
- Vehicle owners who lent a vehicle, depending on the facts.
- Adults who gave alcohol to someone under 21 in some circumstances (see the dram shop article).
Evidence to preserve
- The police report, DUI arrest records, and chemical test results.
- Receipts and tabs from where the driver was drinking.
- Photos, video, and witness names.
- Your medical records and bills, including follow-up treatment.
Wrongful death
If someone dies in a drunk-driving crash, their heirs or personal representative may bring a wrongful death claim, generally within two years. See Utah Wrongful Death Claims and Utah Wrongful Death Damages and Survival Actions.
Frequently asked questions
Do I need a DUI conviction to sue?
No. A conviction can help, but a civil claim has its own proof standard and doesn't require one.
What alcohol level counts as DUI in Utah?
A blood or breath alcohol concentration of .05 or greater, or being impaired to a degree that makes you incapable of safely operating a vehicle.
Can I recover punitive damages from a drunk driver?
Possibly. The statute removes the usual heightened-proof requirement for intoxicated driving, though you still must prove your claim.
How long do I have to sue a bar?
Two years from the injury and damage.
What if the driver has no insurance?
Your own UM coverage, and other responsible parties, may be sources of recovery.