Getting an Order of Restitution Against the Drunk Driver

Video Transcription:
If someone is injured in a DUI crash, the State Attorney’s Office will generally reach out to the victim and keep them advised on the progress of the DUI charge against the driver. After a conviction, the prosecutor will ask the victim if they want an order of restitution or do they want to submit proof to the court of what they would ask the court to have the defendant, DUI driver pay them back. Many people are confused why they do that and what benefit is there in having the drunk driver pay restitution.

The main benefit is once a drunk driver is convicted of a DUI and there is an order of restitution, the driver cannot come back in the civil case (when the victim sues the drunk driver) and deny the allegation that they were drunk. In other words, they were charged with a crime that made allegations of driving under the influence and impaired driving. By having this order of restitution they can’t deny the essential elements of what they were convicted of. This has enormous impact on proving the civil case against them for drunk driving.

I would always encourage someone who has been a victim of a DUI crash to participate in that process and have the court enter an order of restitution against the drunk driver. The lawyer you work with needs to understand how that works and how best to use that to your advantage.