Boulder Drunk Driving Accident Attorney
Last updated on May 29, 2026
If you were injured in a drunk driving accident, you may be confused about your legal rights and options. An experienced Boulder car accident attorney from Daniels & Scriven, P.C. can explain Colorado’s drunk driving laws and your right to pursue compensation for the damages you sustained.
Call us at 720-303-8591 for a free, no-obligation case review.
Understanding Your Legal Options After A Drunk Driving Crash
If you were injured by a drunk driver or lost a loved one in a fatal crash, it is important to understand that you have the right to seek justice through the civil legal system. This process is entirely separate from any criminal charges the driver may face.
While a criminal case focuses on punishing the driver with fines or jail time, it rarely provides the financial compensation needed for medical bills or lost wages. To secure the support you deserve, you must file a personal injury claim or lawsuit. Depending on your specific situation, it can be one of three types:
- Claims against the driver: You can file a claim with the driver’s insurance company or file a lawsuit directly against them to cover medical expenses, pain and suffering.
- Claims against bars and restaurants (dram shop claims): In Colorado, you can hold a business responsible if they willfully and knowingly serve alcohol to someone under 21 or to a person who is clearly and visibly intoxicated.
- Social host claims: If a person hosts a private party and knowingly provides alcohol to someone under 21 who then causes a crash, that host can be held legally responsible for your injuries.
It is critical to distinguish between the deadlines for your claims. While you have three years to sue the driver, dram shop and social host claims have a strict one-year deadline from the date the alcohol was served.
Why Should I Bring A Civil Case If There Is A Criminal Case?
While criminal charges aim to punish a driver, a civil case is essential to secure the actual compensation you need for medical bills and recovery. Moreover, unlike criminal trials, which require proof beyond a reasonable doubt, civil claims rely on a preponderance of the evidence.
This is a more attainable standard, since you must only prove it is “more likely than not” that the defendant is liable. This lower burden of proof allows victims to hold parties accountable and recover damages even if the criminal prosecution is dismissed or results in an acquittal.
Why DUI Accidents Are So Common In Boulder
Boulder is known for its health-conscious culture and scenic beauty, but it is not immune to the dangers of impaired driving. Several factors contribute to a higher risk of DUI accidents in our community:
- Vibrant nightlife and entertainment: The high density of bars and restaurants along the Pearl Street Mall and The Hill offers a wide array of social venues. Unfortunately, this concentration of establishments can also lead to an increased risk of impaired drivers attempting to commute back to surrounding residential areas.
- University presence: As home to CU Boulder, our city hosts major events such as football games and graduation weekends that draw large crowds. These high-energy periods often see a temporary surge in alcohol consumption.
- Frequent community events: Local festivals, brewery tours and outdoor concerts significantly increase the number of drivers on the road. At our high altitude, alcohol’s effects can be felt more intensely, potentially leading some to underestimate their level of impairment.
- High-traffic corridors: When a driver is under the influence on fast-moving, busy main roads like U.S. 36, Broadway, and 28th Street, there is almost no room for error. These conditions can turn a single driver’s mistake into a devastating, multivehicle collision.
Drunk driving puts everyone in our community at risk. If you’ve been hurt, we use our local knowledge of Boulder’s streets and nightlife to investigate your case, find out exactly what happened and hold every responsible person accountable.
How Our Boulder Drunk Driving Accident Lawyers Go Above And Beyond
If you were injured in a drunk driving accident in Boulder, working with the right lawyer can be crucial to your recovery. At Daniels & Scriven, P.C., our attorneys provide the focused advocacy needed to bridge the gap between a driver’s criminal prosecution and your personal injury claim.
We will help secure your recovery by:
- Providing direct attorney access: You will work directly with our experienced Boulder lawyers to understand how Colorado’s specific DUI laws and “negligence per se” doctrines apply to your specific case.
- Conducting a comprehensive investigation: After the first consultation, we will move fast to secure police reports, blood alcohol content (BAC) results and witness statements before evidence is lost.
- Protecting you from insurance tactics: Our attorneys will handle all communication with insurance adjusters, utilizing our 50 years of combined experience to prevent them from devaluing your claim.
- Documenting every damage: We will make sure your claim accounts for the total cost of your treatment, lost wages and long-term emotional trauma.
- Negotiating from a position of strength: Our drunk driving lawyers prepare every case as if it’s going to trial. We will fight for a settlement that reflects the true value of your suffering.
Our trial-tested lawyers are ready to provide honest guidance on when to settle and when our fierce advocacy may be needed in the courtroom. Schedule a consultation today for a free, case-specific evaluation.
Compensation For DUI Accident Victims
Under Colorado law, you may be able to recover compensation for various types of losses you suffer, including:
Economic Damages
Economic damages provide compensation for accident victims’ financial losses they suffered because of the accident, including:
- Past, current and future medical expenses, including for hospital stays, emergency room visits, ambulance rides, specialist expenses, diagnostic testing and rehabilitation expenses
- Past, present and future lost earnings
- Funeral costs and burial expenses in wrongful death cases
- Property damage
- Essential services
Receipts and reports from economic or medical experts can help establish the value of these economic losses.
Noneconomic Damages
Beyond bills and receipts, you can seek compensation for how the injury has changed your quality of life. Common examples include:
- Chronic physical discomfort and pain
- Significant emotional trauma, including depression and distress
- The psychological impact of the crash (such as PTSD)
- Loss of “consortium” (the impact an injury has on a spousal relationship)
- General frustration and impairment of the quality of life
Colorado imposes various caps on noneconomic damages, including $1.5 million for pain and suffering for claims filed after January 1, 2025. An experienced personal injury attorney in Boulder can help identify all of your damages and their value.
Physical Impairment Damages
Physical impairments are categorized differently from economic and noneconomic damages under Colorado law. There are no caps on these damages like there are for noneconomic damages.
These damages acknowledge the long-term effects of a physical impairment on a victim’s life. They may include compensation resulting from:
- Neurological damage
- Disruption of internal organs
- Cosmetic disfigurements
- Pain and suffering due to a permanent impairment
- Other long-term impairments and disabilities
An experienced personal injury lawyer can work with medical and economic experts to assess the long-term impact of your impairments on your life.
Punitive Damages
While all of the damages described above are intended to compensate the drunk driving accident victim, punitive damages are different. These damages are intended to punish the defendant and deter similar conduct in the future. They are reserved for rare cases where the court wants to send a message, such as those involving intentional or egregious behavior. Drunk driving cases can qualify.
Colorado law caps punitive damages at the same amount as economic damages or three times economic damages in extreme cases.
What To Do Immediately After A Boulder Drunk Driving Accident
The steps you take after a crash can directly impact the outcome of your case. Here are some things you should do immediately after a drunk driving crash:
- Report the crash to the police even if the at-fault driver asks you not to
- Report your suspicions of drunk driving to the responding officer
- Write down the other driver’s license plate number and a description of their vehicle if the driver fled the scene
- Cooperate with law enforcement in the criminal investigation
- Document your damages
- Seek medical attention and keep your medical records
- Avoid giving recorded statements to any insurance company without legal counsel
- Call an experienced drunk driving attorney immediately to protect your rights
If the accident resulted in a fatality, contact a Boulder wrongful death attorney immediately. Our lawyers at Daniels & Scriven, P.C. can provide the compassionate, fierce advocacy required to seek justice for your family during this difficult time.
Call An Experienced Boulder Drunk Driving Accident Lawyer
If you would like to learn more about your legal options following a drunk driving accident, contact Daniels & Scriven, P.C. today. We can explain your legal rights, identify various pathways for financial recovery and help you determine how to proceed with your case.
Call us at 720-303-8591 or send us a message to schedule a free consultation.