Managing Partner
If you were injured in a car accident caused by a suspected drunk driver in Macon or Warner Robins, you might assume that criminal charges are necessary to bring a successful personal injury claim. But what happens if the driver was never arrested—or if they were arrested but not formally charged with DUI?
At Joshua E. Palmer Law, we often hear from victims who are unsure whether they still have a case when the criminal process doesn’t go as expected. The good news is that you can still pursue a civil claim for damages, even if the drunk driver was never charged or convicted. Civil personal injury cases are separate from the criminal justice system and follow different rules and standards of proof.
Here’s what you need to know.
Civil Claims vs. Criminal Charges: What’s the Difference?
A criminal DUI charge is filed by the state (usually through the district attorney) and is focused on punishing the driver for breaking the law. This process may result in jail time, fines, license suspension, or probation if the driver is convicted.
A civil personal injury claim, on the other hand, is brought by the injured party (you) and is focused on recovering compensation for your damages, like medical bills, lost income, pain and suffering, and more.
Importantly, you don’t need a criminal conviction to win a civil case. Civil lawsuits operate under a lower burden of proof. While criminal cases require guilt “beyond a reasonable doubt,” civil cases only require proof “by a preponderance of the evidence,” meaning it’s more likely than not that the other party was at fault.
Why Would a Drunk Driver Not Be Charged?
There are several reasons why a suspected drunk driver might not face criminal charges, including:
- Lack of sufficient evidence to prove impairment beyond a reasonable doubt
- No field sobriety or breathalyzer test was administered
- Errors in how evidence was collected or processed
- Prosecutor’s discretion or backlog in the local court system
In Macon-Bibb County and Houston County (Warner Robins), law enforcement officers must follow strict procedures in DUI investigations. Any deviation could result in a weak or dropped case, but this does not prevent you from pursuing civil damages.
Proving Liability Without a DUI Conviction
Even if the driver wasn’t charged or convicted, you may still have a valid personal injury case if you can show:
- The driver was negligent (e.g., swerving, speeding, or running a red light)
- The driver showed signs of intoxication (slurred speech, bloodshot eyes, odor of alcohol)
- Witnesses observed erratic behavior before the crash
- The driver admitted to drinking, even if no formal test was administered
In many cases, witness statements, police reports, and accident scene evidence can establish fault and support your claim, even if DUI charges weren’t filed.
Your Rights as an Injured Victim in Georgia
Under Georgia law, all drivers have a legal duty to operate their vehicles safely. When someone drives under the influence—or behaves in a way that puts others at risk—they can be held financially responsible for any harm they cause.
If you were injured in a crash caused by a drunk or reckless driver in Macon or Warner Robins, you may be entitled to compensation for:
- Medical expenses
- Rehabilitation and therapy
- Lost wages and future earning capacity
- Pain and suffering
- Emotional distress
- Property damage
In cases involving suspected DUI, you may also be eligible for punitive damages—financial penalties intended to punish egregious misconduct and deter others from similar behavior.
The Role of Police Reports and Witness Testimony
Even if no arrest was made, police reports can still be helpful in civil claims. These reports often include the responding officer’s observations, statements from both drivers, and witness accounts.
If the officer noted any signs of intoxication—such as an open container in the vehicle, slurred speech, or failed coordination tests—this information can support your personal injury claim, even if the district attorney declined to prosecute.
Additionally, dashcam footage, surveillance video, or eyewitnesses can strengthen your case and show the driver’s negligence or impaired behavior.
Why You Shouldn’t Wait to File a Claim
Georgia law imposes a two-year statute of limitations for most personal injury claims. That means you must file your lawsuit within two years of the accident date—or you may lose your right to seek compensation entirely.
Even if the criminal case is pending (or no charges were ever filed), you can move forward with your civil case. In fact, the sooner you act, the better, as evidence may fade and witnesses may become harder to reach over time.
How Joshua E. Palmer Law Can Help
At Joshua E. Palmer Law, we know that the aftermath of a serious accident can be confusing, especially if you were expecting the drunk driver to be arrested and held accountable. When that doesn’t happen, it can feel like justice has been denied.
But you still have power. Our firm helps clients in Macon, Warner Robins, and throughout Middle Georgia pursue civil justice and financial recovery—even when the criminal courts fall short. We will:
- Investigate your crash and gather all available evidence
- Work with accident reconstruction experts and medical providers
- Handle communications with insurance companies
- Build a strong claim focused on maximizing your compensation
Whether or not the driver was ever charged, we will fight to hold them accountable for the harm they caused you and your family.
Don’t Let a Missed Criminal Charge End Your Case—Let Us Help
Just because a drunk driver wasn’t charged doesn’t mean you don’t have a case. If you were injured by a negligent or impaired driver in Macon or Warner Robins, Joshua E. Palmer Law is ready to help you seek the compensation and justice you deserve.
Contact us today for a free consultation. We’ll help you understand your rights—and fight to protect them every step of the way.
