Hit by a Drunk Driver in Georgia? Punitive Damages and Your Claim

Often, yes. Georgia lets a jury award punitive damages when clear and convincing evidence shows conscious indifference to consequences. The Georgia Supreme Court has held that driving drunk and injuring someone can justify them. The usual $250,000 cap does not apply when the driver’s judgment was substantially impaired by alcohol, or by drugs other than prescriptions taken as directed (O.C.G.A. § 51-12-5.1(b), (f) and (g)).

You do not need a DUI conviction, because the civil claim is separate from the criminal case. Call a lawyer who will get the body camera video and test results quickly, check every insurance policy, and file suit if needed. You can speak directly with Jonathan Flack at (678) 653-0309 for a free consultation. You owe no fee and no case costs unless we recover money for you.

Can You Get Punitive Damages if a Drunk Driver Hit You in Georgia?

Punitive damages punish and deter. Compensatory damages, by contrast, pay for your medical bills, lost wages and pain. Georgia allows them only when clear and convincing evidence shows willful misconduct, malice, wantonness, oppression or “that entire want of care which would raise the presumption of conscious indifference to consequences” (O.C.G.A. § 51-12-5.1(b)).

Drunk driving usually fits that standard. The Georgia Supreme Court held that driving under the influence and injuring someone is an aggravating circumstance. That lets a jury award punitive damages to deter the driver (Moore v. Thompson, Ga. 1985).

How the rules apply in a drunk driving case:

• No cap for impaired drivers. Most punitive awards are capped at $250,000. There is no cap if the defendant acted under the influence of alcohol, or drugs other than prescriptions taken as directed, “to that degree that his or her judgment is substantially impaired” (O.C.G.A. § 51-12-5.1(f) and (g)).
• Only an impaired wrongdoer loses the cap. The no-cap rule applies to an “active tort-feasor” who was impaired, and that can include someone other than the driver (Reid v. Morris, Ga. 2020). A sober defendant, such as a bar, does not lose the cap under this rule.
• Two steps at trial. Punitive damages must be requested in the complaint. The jury first decides whether to award them, and the trial then continues to decide the amount (O.C.G.A. § 51-12-5.1(d)).
• The state does not take a share. The rule sending 75% of an award to the state treasury applies only to product liability cases (O.C.G.A. § 51-12-5.1(e)).

In one Georgia case, a driver who had been drinking and using marijuana rear-ended the plaintiff and fled. His blood alcohol level was 0.169 three hours later. The jury awarded $8,801.40 in actual damages and $200,000 in punitive damages, and the Court of Appeals upheld the award (Craig v. Holsey, Ga. Ct. App. 2003).

In 2024, 325 of Georgia’s 1,403 traffic deaths (23%) happened in crashes involving a driver with a blood alcohol concentration of 0.08 or higher, according to NHTSA estimates. Our guide to the types of damages in Georgia explains compensatory damages.

Written by attorney Jonathan Flack. Before founding Flack Injury Law, Jonathan spent two and a half years on the insurance side of commercial truck, tractor-trailer and medical transport van cases. Super Lawyers Rising Star (2024 to 2027). The National Trial Lawyers Top 40 Under 40, Civil Plaintiff (2026). GTLA member. Last reviewed: November 1, 2026.

Do You Need a DUI Conviction to Get Punitive Damages?

No. The criminal case and your injury claim are separate. The State prosecutes the DUI and must prove guilt beyond a reasonable doubt. Your civil claim needs clear and convincing evidence for punitive damages, which is a lower bar (O.C.G.A. § 51-12-5.1(b)).

A guilty plea or conviction can be strong evidence. But a plea deal to a lesser charge, a dismissal or an acquittal does not by itself end your civil claim.

The tests also differ. Criminal DUI covers an alcohol concentration of 0.08 or more within three hours, or being less safe to drive (O.C.G.A. § 40-6-391). For the cap, the civil jury decides whether the driver’s judgment was substantially impaired.

Who Pays: Insurance, the Driver and Sometimes a Bar

The drunk driver’s liability insurance

It pays your compensatory damages up to its limits. Georgia’s minimum is $25,000 per injured person (O.C.G.A. §§ 33-34-4, 40-9-37 and 33-7-11), which often falls short in a serious crash.

Whether the policy also pays punitive damages depends on its wording. Georgia public policy does not forbid insuring against punitive damages (Greenwood Cemetery, Inc. v. Travelers Indemnity Co., Ga. 1977). In one case, an auto policy with no punitive damages exclusion was read to cover them (Lunceford v. Peachtree Casualty Insurance Co., Ga. Ct. App. 1997). Any amount above the coverage must usually be collected from the driver personally, which may be difficult.

Your own uninsured motorist coverage

Uninsured motorist (UM) coverage does not pay punitive damages (State Farm Mutual Automobile Insurance Co. v. Weathers, Ga. 1990). It can pay your compensatory damages when the drunk driver had no insurance or too little. Under Georgia’s default added-on coverage, UM pays on top of the driver’s limits (O.C.G.A. § 33-7-11). See whether you have enough uninsured motorist coverage.

A bar, restaurant or private host

Georgia’s dram shop law is narrow. Serving someone of legal drinking age usually does not make the server liable for what the drinker does. The exception covers anyone who sells, furnishes or serves alcohol:

• Knowingly, to a person in a state of noticeable intoxication, knowing that person will soon be driving, or
• Willfully, knowingly and unlawfully, to someone under the legal drinking age, knowing that person will soon be driving.

The serving must also be a proximate cause of your injury (O.C.G.A. § 51-1-40(b)). The drunk driver cannot use this law to recover for his or her own injuries.

What Evidence Matters in a Drunk Driving Crash Claim?

The criminal investigation often produces the best proof of impairment. Request these early, because some video may not be kept long:

• The crash report. It may note suspected impairment, charges and witnesses. See how to read a Georgia crash report.
• Breath or blood test results. A test that shows a high alcohol level helps prove substantial impairment.
• Body camera and dash camera footage. Video can show slurred speech, unsteady walking and field sobriety tests.
• The criminal case file. Charges, test records, any plea and the sentence.
• Where the driver was drinking. Bar receipts, tabs, card statements, surveillance video and witnesses show how much was served and when.
• Your medical records. They prove your compensatory damages, which the jury decides before punitive damages.

Video can change a case. In one result listed on our case results page, a client came to us after a year with another firm in which, she told us, nothing had happened in her DUI crash case in Barrow County. Within one month of her switching to Flack Injury Law, we secured a $250,000 policy-limits settlement, which was the maximum coverage available. We obtained body camera footage, organized her medical records and sent a demand to the insurer. Prior results do not guarantee a similar outcome.

How Long Do You Have to File After a Drunk Driving Crash?

Most injury lawsuits must be filed within two years of the crash (O.C.G.A. § 9-3-33).

A crime victim may get more time. The deadline for a tort claim arising from an alleged crime is paused until the prosecution becomes final or otherwise ends, for no more than six years (O.C.G.A. § 9-3-99). The Georgia Supreme Court has applied this rule to traffic offenses (Beneke v. Parker, Ga. 2009).

Whether the pause applies, and when the prosecution ended, can be disputed, so treat two years from the crash as your deadline. Our guide to Georgia filing deadlines covers the other rules.

How Georgia’s 2025 Tort Reform Affects a DUI Crash Claim

Georgia’s 2025 tort reform laws, SB 68 and its companion SB 69, did not change the punitive damages rules above. A few of their changes still matter:

• Seat belts. In lawsuits filed on or after April 21, 2025, a jury may consider seat belt nonuse on negligence, causation and fault, and it may reduce your damages, subject to the judge’s evidence rulings (O.C.G.A. § 40-8-76.1(d)).
• Medical bills. For crashes on or after April 21, 2025, damages are limited to the reasonable value of medically necessary care. A jury may see what providers charged and what your health plan would pay, even if you did not use it (O.C.G.A. § 51-12-1.1).
• Pain and suffering arguments. A lawyer may suggest a dollar figure for noneconomic damages only after the evidence closes, and it must be rationally related to the evidence (O.C.G.A. § 9-10-184).

Our SB 68 guide explains each change.

Which Lawyer Should You Call After a Drunk Driving Crash?

Look for a lawyer who will:

• Request the body camera video, test results and criminal file right away.
• Review every policy that may pay, including UM coverage in your household.
• File suit and try the case when needed, because a jury decides punitive damages.
• Let you speak directly with the lawyer handling your case.

Jonathan Flack is the only attorney at Flack Injury Law, and he works on every case himself. His years on the insurance side taught him how insurers value these claims. If your current lawyer has gone quiet, read about switching personal injury lawyers in Georgia.

You may not need a lawyer if no one was hurt and only your car was damaged. In that case, you can often handle the property claim with the insurers directly.

Drunk Driver Crash Questions

Can I sue a drunk driver for punitive damages in Georgia?

Yes. Georgia courts have held that driving under the influence and injuring someone can support punitive damages, which must be proven by clear and convincing evidence (O.C.G.A. § 51-12-5.1(b)).

Is there a cap on punitive damages against a drunk driver in Georgia?

No, if the driver’s judgment was substantially impaired by alcohol, or by drugs other than prescriptions taken as directed (O.C.G.A. § 51-12-5.1(f)). Otherwise, the general cap is $250,000.

Does the drunk driver have to be convicted of DUI for me to get punitive damages?

No. The civil case is separate and uses a lower standard of proof. A conviction helps but is not required.

Will insurance pay punitive damages after a drunk driving crash?

It depends on the at-fault driver’s policy wording. Your own uninsured motorist coverage does not pay them.

Can I sue the bar that served the drunk driver?

Sometimes. Georgia allows a claim against anyone who knowingly served a noticeably intoxicated person, or willfully, knowingly and unlawfully served someone underage, knowing that person would soon drive (O.C.G.A. § 51-1-40).

How long do I have to sue a drunk driver in Georgia?

Usually two years from the crash (O.C.G.A. § 9-3-33). A pending criminal prosecution may pause that deadline for up to six years (O.C.G.A. § 9-3-99), but it is safer not to rely on it.

Related Guides

• Understanding the Types of Damages Available in Georgia Personal Injury Cases
• Do You Have Enough Uninsured Motorist Coverage in Georgia?
• How Long Do You Have to File a Claim After an Accident in Georgia
• Switching Personal Injury Lawyers in Georgia: When and How to Do It

See all our guides for people hurt in Georgia crashes.