A jury in Gwinnett County awarded over $30,000 in damages last month to Plaintiff Amber Hand after she was rear ended by a DUI driver in July of 2009.  The article, published by the Fulton County Daily Report, describes how the Defendant in the case, Michael E. Justice, was under the influence of alcohol, failed field sobriety evaluations (SFSTs), and feigned blowing into the Intoxilyzer 5000, Georgia’s official breath testing machine used in DUI arrests.

While damage to Mrs. Hand’s vehicle was slight, and she did not require immediate medical attention, she did go get checked out the next day.  Fortunately, her injuries were relatively minor, soft tissue injuries common in low speed collisions and required less than $900.00 in medical treatment.  However, under Georgia law, DUI drivers are subjected to possible punitive damages designed to punish and deter dangerous, willful and unlawful conduct.  Clearly, by awarding a large punitive damage award, Mrs. Hand’s jury sent a message that DUI drivers are a threat to Georgia’s roadways and will be punished.  In practice, cases similar to Mrs. Hand’s frequently settle for much, much less under circumstances where a Defendant’s conduct does not rise to a level justifying punitive damages.

The point is clear: DUI in Georgia is a crime that subjects you not only to harsh criminal punishment, but to extreme civil liability as well.   In this case, the punitive damage award was nearly 25 times the amount of all other damages combined.

Other serious traffic violations that may allow Plaintiff’s to sue for punitive damages include Reckless Driving charges, excessive Speeding charges, texting while driving in violation of Georgia’s law, and Aggressive Driving.