Can I Sue a Drunk Driver Even If There’s a Criminal Case?

MARSALISI LAW
June 8, 2026
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Yes. If you were hurt by a drunk driver in St. Petersburg, you may still be able to bring a personal injury claim even while the criminal DUI case is happening.

The criminal case and your injury claim are two different things.

A criminal DUI case is handled by the State of Florida. Its purpose is to determine whether the driver broke the law and should face penalties such as fines, probation, license consequences, or jail time.

Your civil injury claim is about you. It is about your medical bills, your lost income, your pain, your recovery, and how the crash changed your life.

That means you do not have to sit back and wait for the criminal court to take care of everything. In many cases, it will not address the financial and personal impact of the crash on your life. Criminal penalties are not the same as compensation for your injuries.

Can I Sue If the Drunk Driver Was Arrested?

Yes. A DUI arrest or charge can be important evidence, but your claim is still separate from the criminal case.

In a civil claim, the focus is on whether the driver’s choices caused the crash and your injuries. Evidence may include the crash report, witness statements, body camera footage, field sobriety tests, breath or blood alcohol results, surveillance video, photos, and vehicle damage.

In some Florida drunk driving injury cases, punitive damages may also be considered. These are different from regular damages because they are meant to punish especially reckless conduct.

What If the Criminal Case Is Still Pending?

You may still be able to move forward with your injury claim. The criminal case may affect timing, evidence, and strategy, but it does not erase your right to protect yourself.

This matters because insurance companies do not wait around trying to make your life easier. They often begin evaluating and defending the claim immediately after the crash. It is important to protect your interests early as well.

What Should I Do After Being Hit by a Drunk Driver in St. Petersburg?

Get medical care, even if you think you can tough it out. Pain from a crash can show up hours or days later.

Save everything you can: photos, witness names, the police report number, insurance information, medical paperwork, and any communication from the insurance company.

Then talk with a local personal injury attorney before giving recorded statements or accepting a quick settlement. An early settlement offer may not fully account for the long-term impact of your injuries or future medical needs.

At Marsalisi Law, we know these crashes are personal. They happen on roads our community uses every day, from 4th Street to Tyrone, downtown St. Pete, I-275, and the bridges across Tampa Bay. When someone chooses to drive impaired, the impact can follow you long after the flashing lights are gone.

If you were injured by a drunk driver, the criminal case may hold them accountable to the State. A civil injury claim may help you pursue compensation for the harm the crash caused to your life.

Get the Help You Need Today

Frank P. Marsalisi believes that every person injured in an accident deserves the full attention of a personal injury attorney. With tailored legal services fluent in both English and Spanish, you can feel comfortable discussing your claim in either language. Our team at Marsalisi Law has years of experience protecting St. Petersburg residents and will do everything in our power to provide you with the compensation you deserve.

Our team understands how stressful this time can be and will make the process smooth, so you can focus on your recovery. Schedule a free consultation by calling 727-800-5052 or filling out our contact form today.

🔒 Your information is 100% confidential. There are no obligations or costs to free consultations.