In a city that never sleeps, impaired driving is a constant danger. Las Vegas’s nightlife, 24-hour bars and casinos, and steady stream of visitors mean that drunk and drug-impaired drivers are on valley roads at every hour — on the Strip and downtown, certainly, but also on the I-15, U.S. 95, and quiet residential streets. If you or a family member was hurt by an impaired driver, you should know that Nevada law treats these cases with particular seriousness — and that the criminal case against the driver is only part of the picture.
The Criminal Case Is Not Your Case
When a drunk driver is arrested and prosecuted, that case belongs to the state. It may result in jail, fines, and license revocation — but it does not pay your medical bills or replace your lost income. Your remedy is a separate civil claim against the driver (and their insurer), and you do not have to wait for the criminal case to finish to pursue it. A DUI conviction is, however, strong evidence of fault in your civil case.
Impaired Driving Is Negligence — and Often More
Nevada law prohibits driving with a blood alcohol concentration of .08 or higher, or while impaired by alcohol, marijuana, or any drug (NRS 484C.110). Driving that way is not a mere mistake; it is a choice to disregard the safety of everyone else on the road. That matters in your civil case in two ways:
- Fault is rarely disputed. An impaired driver who causes a crash has little room to argue, which changes the entire posture of the claim.
- Punitive damages may be available. Nevada allows punitive damages in cases of egregious, reckless conduct (NRS 42.005) — compensation above and beyond your actual losses, intended to punish and deter. Drunk driving cases are among the most common situations where punitive damages come into play.
What If the Driver Has Little or No Insurance?
It is an unhappy reality that some impaired drivers are also uninsured or carry only Nevada’s minimum limits ($25,000 per person). When that happens, your own uninsured/underinsured motorist coverage often becomes the most important policy in the case — it can cover you, family members in your household, and passengers. We examine every available source of recovery, and where a bar, restaurant, or social host may share legal responsibility under the circumstances, we evaluate that too.
Fatal Drunk Driving Crashes
When an impaired driver takes a life, the family’s claim proceeds under Nevada’s wrongful death statute (NRS 41.085), which allows recovery for the family’s grief and loss of support as well as the estate’s losses and, in appropriate cases, punitive damages. See our wrongful death page for how those claims work.
Consultations are free, and you pay no fee unless we recover for you. If an impaired driver has injured you or someone you love, call 702-737-0000.