Car Accidents · Wilmington, NC
A drunk driving accident lawyer in NC, when the DWI case and your civil claim run on separate tracks.
When you, a passenger, or a family member was hit by an impaired driver in North Carolina, your injury claim is separate from the criminal DWI case and does not have to wait for it to finish. As a drunk driving lawyer, I can also go after extra damages meant to punish the driver, and hold a bar or restaurant responsible if it kept serving them. I have spent over 36 years on NC civil cases like these. Consultation is free. No fee unless I win your case.
What this case depends on
Two extra claims can give a drunk-driving case leverage a normal injury claim doesn't have.
A drunk-driving crash is more than a routine accident, and it can be worth more. Beyond the money for your injuries, you may be able to pursue extra "punitive" damages against the driver and a separate claim against a bar or restaurant that over-served them. Here's what each one means, in plain terms. (One caution: North Carolina's contributory negligence rule can still bar an injury claim if the other side pins any fault on you, even when the drunk driver's blood-alcohol level was far over the limit.)
Punitive damages that punish the driver
On top of what you're owed for your injuries, North Carolina lets a jury award punitive damages: extra money meant to punish reckless behavior. Drunk driving usually qualifies. Most punitive awards in the state are capped, but impaired-driving cases are one of the rare exceptions with no cap. This part of the claim has to be built in from the first day, not added later.
A claim against the bar or restaurant
If a bar or restaurant kept serving the driver after they were clearly drunk, North Carolina may let us bring a claim against that business too. The proof (receipts, server records, security video) is often erased within days, so we send a letter demanding it be saved right away. Once that evidence is gone, it's gone. Breath and blood-test results from the criminal case usually carry over into yours.
How I work DWI civil cases
The criminal docket runs at its own pace. The civil case does not have to wait for it.
A drunk-driving crash sets two cases in motion at once, and the one that matters most to you is often the one people forget about.
Why your civil case does not wait
The State handles the criminal DWI charge in one court. Your claim for the injuries is a separate case, with its own deadlines tied to the date of the wreck, not to how fast the criminal court moves. Insurers sometimes push to delay your case until the criminal one ends, but the law does not require that, and waiting usually works against you.
How I build your case
I handle these cases personally from the first call, and I pull the file together in a clear order:
- The police report and blood-alcohol results, usually from the criminal file.
- Receipts and video from any bar or restaurant that may have over-served the driver.
- The driver's record of past offenses.
- A clear medical timeline from your doctors.
The claim for punitive damages and the claim against the bar each follow their own rules, so both get built into the file from the start.
The consultation is free, and there is no fee unless I win your case. If I do not think the case holds up, or that the extra damages are realistic, I will tell you that on the first call. The About page covers the practice in more depth.
— Robert L Armstrong
Related under Car Accidents
Was your crash also one of these? It can change your case.
Drunk-driving crashes often overlap with other kinds of cases, and which one fits your situation changes who can be held responsible. If the impact left you with neck or back injuries, or if an Uber or Lyft was involved, the pages below explain what that means for your claim.
See all Car Accidents sub-typesIn their words
What car accident clients said after the case closed.
“Bob took very good care of my family and me after a car accident we were involved in. He was prompt and answered any and all questions we had. He kept in contact with us the entire time, checking in on our progress and letting us know where we were in the case.”
“Bob guided me through the legal process with honesty, integrity and transparency, giving me great advice specific to my situation. I always felt very well taken care of, and highly recommend him! Stephanie, his assistant, is amazing as well.”
“After calling around to a few lawyers, Rob responded swiftly. He gave me courteous service and was very realistic about all aspects of the case. I have referred several people to him.”
Common questions
About NC drunk-driving cases.
The questions that come up most often in a DWI civil case in North Carolina. Answered the way I would answer them on the phone.
Frequently asked questions
The DWI case is still pending in criminal court. Does my civil case have to wait?
No. The criminal prosecution and the civil claim run on separate tracks. The State pursues the DWI in district or superior court. The civil case for your injuries runs in civil court, and the deadlines are tied to the wreck date, not to whatever pace the criminal docket sets. Insurers sometimes argue the civil case should pause until the criminal verdict comes in, but the rules do not require it, and waiting is usually a strategic loss. The conversation about timing costs nothing.
What are punitive damages and how do they apply in a DWI case?
Punitive damages are awarded on top of compensatory damages to punish willful, wanton, or grossly negligent conduct. North Carolina General Statutes Chapter 1D governs them. DWI conduct typically qualifies. The general $250,000 / 3× cap on punitive awards has a statutory carve-out for impaired-driving cases, which is one of the few places NC law removes the cap. The punitive count has its own pleading and proof requirements, and it has to be built into the file from the start, not bolted on at trial.
The driver was drinking at a restaurant before the wreck. Is the restaurant liable?
Possibly, under NC dram-shop liability. A bar, restaurant, or other licensee that knowingly served alcohol to a visibly intoxicated person or to a minor can be held liable when that person then causes a wreck. Receipts, server statements, surveillance video, and the establishment's training records have to be preserved before they auto-delete, often within days. A preservation letter to the establishment goes out fast.
Can the BAC evidence from the criminal case be used in my civil case?
Usually yes, with the right procedural steps. Breath-test results, blood-test analysis, and the chain-of-custody documentation from the criminal file are typically admissible in the civil case under NC's evidence rules, subject to the same foundational requirements that apply in criminal court. The civil case still has to make the foundation independently, which is why the file gets built with that admissibility in mind.
The driver had no insurance. Is there any way to recover punitive damages?
Possibly. Uninsured-motorist coverage and underinsured-motorist coverage usually cover compensatory damages, but they generally do not cover punitive damages, with case-law nuance on the edges. Punitive recovery against an uninsured DWI defendant typically requires going after the driver's personal assets, which is sometimes worthwhile and sometimes not. Dram-shop recovery against a licensee with insurance may be the more workable path. The first call sorts it out.
When you're ready to talk through the DWI civil case, the call is free.
No fee unless I win your case. Tell me what happened, and I'll walk you through your options in plain language: whether we can go after the driver, hold a bar responsible, and pursue the extra damages a drunk-driving case can carry. I'll give you an honest read on where you stand.
Contingency-fee representation. Free consultation.