Holiday weekends in Arizona mean packed highways, backyard barbecues, and, unfortunately, a sharp rise in drunk driving crashes. Memorial Day, the Fourth of July, Labor Day, and New Year’s Eve are among the deadliest stretches on the road, and the victims are often people who did nothing wrong. If an impaired driver hurt you or someone you love, an experienced Arizona DUI accident lawyer can help you understand your rights and pursue the compensation you deserve.
The Phoenix personal injury lawyers at Lerner and Rowe handle these cases every holiday season. In this blog, we explain why DUI crashes spike, who is liable, and what victims should do to protect their claims.
Why DUI Crashes Spike on Arizona Holiday Weekends
Certain holidays combine two dangerous ingredients: heavy traffic and heavy drinking. More people are on the road for celebrations, and more of them have been drinking at parties, tailgates, and bars. The result is a predictable and deadly increase in drunk driving crashes. According to the National Highway Traffic Safety Administration (NHTSA), 2,653 people were killed over Fourth of July holiday periods between 2019 and 2023, and 40 percent of the drivers killed were drunk.
A handful of holiday weekends stand out as especially dangerous:
- Memorial Day, which kicks off the summer travel season
- The Fourth of July, consistently one of the worst days of the year for alcohol-related fatalities
- Labor Day, which caps the summer with another surge in impaired driving
- New Year’s Eve, when late-night celebrations put drunk drivers on dark roads
Crashes happen every day across the Phoenix area, but these weekends carry outsized risk. When a drunk driver hits you despite that known danger, an Arizona DUI accident lawyer can help you understand what to do next.
How an Arizona DUI Accident Lawyer Uses Negligence Per Se
In most injury cases, you have to prove the other driver was careless. DUI cases often benefit from a legal shortcut called negligence per se. When someone breaks a safety law designed to protect the public, that violation can establish negligence automatically, without the usual argument over whether the driver acted reasonably.
Driving under the influence violates Arizona Revised Statutes § 28-1381. Because that statute exists to keep impaired drivers off the road, a driver who breaks it and causes a crash may be considered negligent as a matter of law. This can strengthen a DUI injury claim Arizona victims bring, since the criminal violation itself supports the civil case. It doesn’t guarantee a win, because you still have to prove the crash caused your injuries and damages, but it removes a major hurdle. Many of these cases begin as a standard Phoenix car accident claim and grow stronger once the DUI is factored in.
Dram Shop Liability: When a Bar or Restaurant Shares the Blame
The drunk driver is not always the only party responsible. Arizona dram shop liability allows an injured person, in some cases, to hold a bar, restaurant, or other licensed establishment accountable for over-serving the driver who hurt them. This matters because a business often has far more insurance coverage than an individual driver.
Under Arizona’s dram shop statute, a licensed establishment can be held liable when all of the following are true:
- The business served alcohol to someone who was obviously intoxicated, or to someone under the legal drinking age
- That person actually consumed the alcohol
- The consumption was a proximate cause of the injury, death, or property damage
Proving these elements is not simple, since you have to show the establishment served an obviously impaired patron, which is why records like server training logs and receipts matter. A drunk driving crash can leave victims with catastrophic harm, including spinal injuries, and a dram shop claim may open a second path to compensation when the driver’s coverage falls short.
When an Arizona DUI Accident Lawyer Can Pursue Punitive Damages
Most injury settlements cover compensatory damages, meaning your medical bills, lost wages, and pain and suffering. In especially egregious cases, Arizona law also allows punitive damages, which are meant to punish the wrongdoer and deter similar conduct rather than simply make the victim whole.
Drunk driving is one of the clearest examples of behavior that can support punitive damages, because choosing to drive while impaired shows a conscious disregard for others’ safety. Certain factors make a punitive award more likely:
- An extreme or well-above-the-limit blood alcohol level
- Driving the wrong way or at high speed
- A history of prior DUI offenses
These damages are not awarded in every DUI case, and the standard is high, but when the conduct is severe enough, they can significantly increase what a victim recovers. A Phoenix motorcycle accident caused by a reckless drunk driver, where injuries are often devastating, is the kind of case where this can come into play. An Arizona DUI accident lawyer can assess whether the facts of your crash support a claim for punitive damages.
Criminal Charges vs. Your Civil Injury Claim
After a DUI crash, two separate legal processes can unfold, and it’s important not to confuse them. The criminal case is the state prosecuting the driver for breaking the law. If convicted, the driver may face jail, fines, and license consequences, but none of that money goes to you.
Your civil claim is entirely separate. It’s how you, the victim, seek compensation for your injuries and losses. You don’t have to wait for the criminal case to conclude, and you can pursue a civil claim even if the driver is never convicted, because the civil standard of proof is lower. A criminal conviction can help your civil case, but it isn’t required. Our Arizona personal injury attorneys focus on the civil side, fighting for the financial recovery that the criminal system does not provide.
Uninsured Drivers, Evidence, and Your Arizona DUI Accident Lawyer
One frustrating reality is that drunk drivers are often uninsured or carry only minimum coverage. If the at-fault driver can’t cover your losses, your own uninsured or underinsured motorist coverage may step in to help. Identifying every available source of compensation, from the driver to a dram shop to your own policy, is a key part of building a strong case.
Preserving evidence quickly is just as important. An impaired driver accident lawyer Arizona victims trust will move fast to secure key proof before it fades or disappears, including:
- The police report and any citations issued at the scene
- BAC test results and chemical testing records
- Photographs of the vehicles, the scene, and your injuries
- Names and statements from witnesses
Injuries in these crashes range from broken bones to life-altering trauma, and documenting them thoroughly protects the value of your claim. By hiring an attorney early, you can preserve more evidence.
FAQ: Working with an Arizona DUI Accident Lawyer
Can I sue a drunk driver who is also facing criminal charges?
Yes. The criminal case and your civil claim are separate. The state handles the criminal prosecution, while you pursue compensation through a civil claim. You can do this whether or not the driver is convicted.
What is dram shop liability?
It’s a legal rule that can hold a bar, restaurant, or other licensed business responsible for over-serving an obviously intoxicated or underage person who then causes a crash. It can provide an additional source of recovery beyond the driver.
What if the drunk driver who hit me has no insurance?
You may still have options. Your own uninsured or underinsured motorist coverage can help fill the gap, and other parties, such as a dram shop, may also share liability. Reviewing all available coverage is essential.
How long do I have to file a DUI injury claim in Arizona?
Generally two years from the date of the crash, under ARS § 12-542. Claims involving a government entity or a minor can follow different timelines, so it’s wise to confirm your deadline early.
Do I really need a lawyer if the driver was arrested for DUI?
It helps. An arrest does not automatically get you compensated. You still have to prove your damages and deal with insurers, and an attorney can pursue every source of recovery on your behalf.
Talk to a Phoenix Drunk Driving Accident Attorney Today
A holiday weekend crash can turn a celebration into a long and painful recovery, and you shouldn’t have to face the aftermath alone. Lerner and Rowe Injury Attorneys are available 24/7 to review your case at no cost.
We’ve recovered billions of dollars for injured clients across the country, and with no fees unless we win your case, there’s no risk in learning what your claim may be worth.
Call the Lerner and Rowe Phoenix office at (602) 977-1900, reach us anytime through LiveChat, or complete our online contact form to get started.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.