Determining how much restitution the judge should order in a DUI case isn’t a one size fits all answer. This should be discussed with a lawyer you’re working with on your civil claim against the DUI driver.
Remember that the order of restitution is designed to take advantage of the law that will prevent the DUI driver from denying that they were drunk when they caused the accident. This helps your civil case. There are two different considerations to make when thinking about restitution:
- You can simply get an order of restitution which triggers how that law works. In other words, there is just a minimum amount of restitution that triggers the affectedness of that law so that the driver can’t deny that they were driving drunk. This is part of your civil case.
- There are also situations where the victim of the DUI crash may need the restitution. For whatever reason there may not be the opportunity to get reimbursed by insurance or other means and there might be other situations where the driver may have the opportunity to pay restitution or could write a check. This is something you need to carefully consider with your lawyer as to how best to apply it in your situation.