Drunk Driving Accidents in Honolulu: Suing an At-Fault DUI Driver

If you were injured by a drunk driver in Honolulu, you may be able to file a civil personal injury claim for medical bills, lost wages, and pain and suffering. This claim is separate from any criminal charges against the driver. You may seek compensation even without a DUI conviction, though a conviction may help support your civil case.

A drunk driving accident lawyer in Honolulu can help you understand how DUI injury claims work, what compensation may be available, and how Hawaii’s insurance laws may affect your claim.

Civil vs. Criminal: How a Honolulu DUI Accident Case Works

A drunk driving accident in Honolulu can lead to a criminal case and a civil claim. The State of Hawaii brings the criminal case through the prosecutor’s office to punish the driver for driving under the influence. The injured person brings the civil claim to seek compensation for the harm the driver caused.

The cases proceed separately and use different standards of proof. Prosecutors must prove a criminal charge beyond a reasonable doubt. In a civil claim, you must show that the driver’s negligence more likely than not caused your injuries. This standard is called a “preponderance of the evidence.”

A DUI conviction may help establish negligence, although a no-contest plea generally cannot be used against the driver. Reduced or dismissed charges do not necessarily prevent a civil claim from succeeding.

What Compensation Can You Recover After a Honolulu DUI Crash?

A successful civil claim may cover medical expenses, lost income, and pain and suffering. Medical expenses may include emergency treatment, surgery, rehabilitation, and other care related to your injuries.

When an injury requires lifelong care, a claim may include the cost of future treatment and ongoing support. Our Hawaii personal injury lawyers help people with brain injuries, spinal cord injuries, and other serious conditions seek compensation for their long-term needs. 

You may also recover wages lost while you could not work. If your injuries affect your ability to earn a living in the future, you may seek compensation for reduced earning capacity.

Pain and suffering damages address the physical and emotional effects of your injuries. These may include ongoing pain, emotional distress, and difficulty enjoying your usual activities.

Hawaii courts may also award punitive damages when the evidence establishes sufficiently reckless or egregious conduct. These damages punish the driver and discourage similar behavior. A high blood alcohol level or prior DUI convictions may be relevant, but neither automatically guarantees an award. Punitive damages require clear and convincing evidence, a higher standard than an ordinary negligence claim.

Hawaii No-Fault Insurance and DUI Accident Claims in Honolulu

Hawaii’s no-fault insurance system provides personal injury protection, or PIP, benefits for eligible medical and rehabilitation expenses. Basic PIP coverage includes at least $10,000 in medical benefits, regardless of who caused the crash. The policy that covers you depends on your insurance and your role in the accident.

For many motor vehicle injury claims, Hawaii law limits the right to sue unless certain requirements are met. These include death, significant permanent loss of use of a body part or function, or permanent and serious disfigurement that causes mental or emotional suffering. A claim may also qualify when eligible PIP expenses reach $5,000.

Hawaii law separately preserves civil liability when a driver causes injury or death while driving under the influence in violation of the law. A claim that falls within this DUI exception does not require you to meet the usual injury or expense threshold.

Dram Shop Liability: Can You Sue the Bar That Served the Drunk Driver?

Yes, a Honolulu bar or restaurant may share responsibility if it negligently served an intoxicated driver whose intoxication caused your injuries. Under the Hawaii Supreme Court’s decision in Ono v. Applegate (1980), a licensed alcohol seller may be liable if it knew, or reasonably should have known, that the person it served was intoxicated.

Hawaii also has a separate law addressing adults who provide alcohol to people under 21 or knowingly allow underage drinking on premises they control. That law expressly excludes alcohol sales licensed under Hawaii’s liquor licensing laws. Claims against licensed bars and restaurants therefore require a different legal basis.

To establish a claim against an alcohol seller, you need evidence of the driver’s intoxication when served and what the server knew or should have noticed. Useful evidence may include surveillance footage, receipts, accounts from staff and patrons, and blood alcohol test results.

Our Hawaii personal injury law firm⁠ handles claims against bars and restaurants that negligently served drunk drivers. We investigate the alcohol service and send preservation requests to help protect records that may establish the business’s responsibility.

How Comparative Fault Applies in a Honolulu Drunk Driving Case

Hawaii’s comparative negligence rules can apply even when the other driver was drunk. You may recover damages if your share of fault does not exceed the combined fault of the defendants from whom you seek compensation. Any award is reduced by your percentage of fault.

If fault is divided between you and one other driver, you may recover when you are 50% responsible, but not when you are 51% or more responsible. For example, if your damages total $100,000 and you are 20% at fault, your recovery would be reduced to $80,000.

The other driver’s intoxication does not automatically settle every question about responsibility. The defense may argue that your speed, lane position, or distracted driving contributed to the crash. Those arguments must be supported by evidence.

DUI Accident Civil Claim vs. Criminal Case: Key Differences

Feature	Criminal DUI Case	Civil Personal Injury Claim
Who brings the case	State of Hawaii prosecutor	Injured person
Main purpose	Punish unlawful conduct	Compensate the injured person
Standard of proof	Beyond a reasonable doubt	Preponderance of the evidence
Effect of no DUI conviction	No DUI conviction is entered	The claim may still succeed
Possible outcomes	Fines, jail, license suspension, and restitution	Payment for medical expenses, lost income, and pain and suffering
Punitive damages	Not a criminal remedy	May be awarded when the evidence meets the required standard
Filing deadline	Depends on the charge	Generally two years from the accident or the last qualifying benefit payment, whichever is later

Qualifying payments may include motor vehicle insurance benefits, optional additional benefits, and accident-related workers’ compensation or public assistance benefits. The deadline depends on the type of claim and payment history, so it should be checked early.

Frequently Asked Questions

Can I sue the drunk driver even if they were not convicted of DUI?

Yes. The civil and criminal cases are separate. A civil claim requires proof by a preponderance of the evidence, a lower standard than the proof required for a criminal conviction, so a civil case can succeed even when criminal charges are dropped or reduced.

What if the drunk driver does not have enough insurance to cover my damages?

Your own underinsured motorist coverage may provide additional compensation, depending on your policy. A dram shop claim against the establishment that overserved the driver is another avenue worth investigating with an attorney.

How soon after the accident should I contact a Honolulu DUI accident attorney?

As soon as possible. Surveillance footage and receipts may be lost, and witnesses’ memories can fade. An attorney can send preservation letters and begin investigating before critical evidence is lost.

Does the drunk driver’s PIP insurance cover my injuries?

Not necessarily. PIP pays through the policy that covers you, regardless of who was at fault. If you were in a vehicle, coverage may come from that vehicle’s policy rather than your own. Basic PIP coverage provides $10,000 per person for eligible medical and rehabilitation expenses.

If you or a family member was injured in a drunk driving accident in Honolulu, Leavitt, Yamane & Soldner can review your case and explain your legal options. We handle DUI accident cases throughout Oahu on a contingency fee basis, which means you pay no attorney’s fees unless we recover compensation for you.

Contact us today at (808) 537-2525 for a free, confidential consultation.

Last reviewed: September 2026

Attribution: This post was reviewed by Attorney James T. L.

Disclaimer: Content is provided for informational purposes only and does not constitute legal advice. Consult a licensed Hawaii attorney for guidance specific to your situation.