Every year, thousands of Georgia families are shaken by accidents caused by drivers under the influence of alcohol or drugs. These cases are different from ordinary car accidents — the evidence is more technical, the legal strategy is more layered, and the stakes are often higher. Attorney Lucas Cowan of Boggs, Cowan & Fargione has a background that is uniquely suited to these cases: he began his career as a prosecutor for the State of Georgia where he earned certification in Standardized Field Sobriety Testing, and later served as in-house trial counsel for the nation's largest property, casualty, and auto insurance company before entering private practice on behalf of injury victims.

Below, he answers the questions he hears most from people injured by drunk or impaired drivers in Georgia.

Q: How is a DUI accident different from a regular car accident claim?

A: The short answer is that a DUI accident gives the injured person more tools to work with — but only if you know how to use them. In an ordinary negligence case, you have to prove that the other driver failed to exercise reasonable care. In a DUI accident, the driver has already violated a criminal statute by operating a vehicle while impaired, which goes beyond ordinary negligence. Georgia law allows juries to award punitive damages in DUI cases precisely because driving drunk or drugged is treated as willful misconduct, not just carelessness.

That distinction matters enormously. Insurance companies know it, too. When I was working as in-house trial counsel for the nation's largest insurance company, I saw firsthand how these claims were evaluated from the carrier's side. Insurers take DUI cases seriously because the punitive exposure changes the math. That experience now helps me anticipate the arguments the defense will make and prepare my clients accordingly.

Q: Can I sue a drunk driver even if they were criminally charged or convicted?

A: Yes, absolutely. The criminal case and your civil personal injury claim are entirely separate proceedings. A DUI conviction in criminal court is actually strong evidence in your civil case — it can be used to establish that the driver was impaired. But even if charges are reduced, pled down, or the driver is acquitted, you can still pursue a civil claim. The burdens of proof are different: criminal cases require proof beyond a reasonable doubt, while civil cases only require a preponderance of the evidence — meaning it is more likely than not that the driver was at fault.

I have handled both sides of DUI cases. As a prosecutor, I built DUI cases using field sobriety tests, blood draws, and breath test results. Now I use that same knowledge to analyze whether the evidence was gathered properly and how it can support a victim's civil claim — or, just as importantly, whether law enforcement errors could affect the case.

Q: What if the DUI driver says they were not impaired — that their BAC was below the legal limit?

A: This comes up more than people expect. In Georgia, the per se legal limit is 0.08% blood alcohol concentration (BAC) for most drivers and 0.04% for commercial vehicle operators. But a driver can still be impaired and legally liable for a DUI accident even if their BAC falls below those thresholds — particularly when drugs are involved, or when a combination of alcohol and drugs reduces their ability to drive safely.

This is where my Standardized Field Sobriety Testing certification becomes relevant. SFST training covers the three federally recognized roadside tests — the Horizontal Gaze Nystagmus (HGN), the Walk-and-Turn, and the One-Leg Stand — and teaches how to interpret the results. When I review a police report and dashcam footage from a DUI accident, I can evaluate whether the officer administered the tests correctly, whether the results were documented properly, and whether those results are consistent with actual impairment. Most attorneys, and most insurance adjusters, are not trained to do that analysis themselves.

Q: What kinds of vehicles can be involved in a DUI personal injury case?

A: Any motorized vehicle can be involved. The vast majority of DUI accident claims involve passenger cars, trucks, or SUVs, but we also handle cases involving:

• Commercial trucks and tractor-trailers. Truckers are held to a stricter BAC limit of 0.04% and are subject to federal regulations governing drug and alcohol testing. A commercial DUI case can involve the trucking company's liability in addition to the driver's.
• Motorcycles. An impaired motorcyclist who hits another vehicle or causes a rider to crash can be held liable for the resulting injuries.
• Rideshare and delivery vehicles. If an Uber, Lyft, or delivery driver is impaired, both the driver and potentially the company may be liable depending on the circumstances.
• Boats and watercraft. Georgia's boating under the influence (BUI) laws closely mirror DUI laws. If a boat operator is impaired and injures another person, the same personal injury principles apply.
• Golf carts and low-speed vehicles. These are more common than people think in certain Georgia communities, and impairment-related accidents on private roads or in neighborhoods can still give rise to civil liability.

Q: What damages can I recover if I was injured by a drunk driver in Georgia?

A: Georgia law divides recoverable damages into three main categories:

Economic damages cover your quantifiable financial losses — past and future medical bills, rehabilitation costs, lost wages, loss of future earning capacity, and property damage. These are documented with bills, pay stubs, and expert testimony where needed.

Non-economic damages compensate for losses that do not come with a price tag — pain and suffering, emotional distress, loss of enjoyment of life, and the impact on your relationships and daily activities. Georgia does not cap non-economic damages in most personal injury cases.

Punitive damages are available in DUI cases specifically because the law treats impaired driving as aggravated or willful misconduct rather than simple negligence. Punitive damages are designed to punish the at-fault party and deter similar conduct in the future. While they are not guaranteed, the circumstances of a DUI accident — particularly if the driver had a high BAC, a prior DUI history, or was clearly aware of the risk — can support a punitive damages claim.

I spent years on the defense side of these evaluations. I know that insurance adjusters and defense counsel are trained to minimize all three categories of damages. When we prepare a case, we build the full picture — medical records, employment records, expert witnesses, and, where the facts support it, the evidence needed to support a punitive damages argument.

Q: What if the drunk driver had no insurance or minimal coverage?

A: This is one of the most common and most frustrating realities of DUI injury cases. A driver who is reckless enough to get behind the wheel drunk is often also the kind of person who carries minimum limits — or no coverage at all.

Georgia requires drivers to carry minimum liability coverage of $25,000 per person and $50,000 per accident. In a serious DUI accident involving significant injuries, that coverage is often exhausted quickly. When that happens, we look at several other sources:

• Your own uninsured/underinsured motorist (UM/UIM) coverage. Georgia law allows you to stack UM coverage on top of the at-fault driver's policy. If you have UM coverage and the drunk driver's insurance is insufficient, your own policy may fill the gap. This is one of the most underutilized resources in auto accident cases.
• Dram shop liability. Georgia's dram shop laws allow injured parties to pursue claims against establishments — bars, restaurants, package stores — that serve alcohol to a visibly intoxicated person who then causes an accident. These claims require specific evidence and must be filed carefully.
• Commercial carrier liability. If the impaired driver was operating a commercial vehicle or was acting within the scope of employment at the time of the accident, the employer or carrier may share liability.

Having worked inside the nation's largest insurance company, I understand how policies are structured, how coverage disputes are evaluated, and where carriers look for reasons to deny or limit payment. That institutional knowledge is something I put directly to work for our clients.

Q: How soon do I need to contact an attorney after a DUI accident in Georgia?

A: As soon as possible. Georgia's statute of limitations for most personal injury claims is two years from the date of the accident. That may sound like a long time, but evidence degrades quickly — dashcam and surveillance footage is routinely overwritten within days, witness memories fade, and toxicology reports become harder to access once the criminal case moves through the system.

Beyond preservation of evidence, early attorney involvement matters because the insurance company's lawyers and adjusters start working the moment a claim is filed. They are experienced, well-resourced, and motivated to minimize what they pay. The sooner you have someone on your side who understands how that process works from the inside, the better positioned you will be.

Q: Why does it matter that you were a prosecutor and worked for an insurance company?

A: Because DUI injury cases sit at the intersection of criminal law, civil litigation, and insurance defense — and very few attorneys have direct experience in all three areas.

As a prosecutor, I learned how DUI cases are built, what evidence survives scrutiny at trial, and where weaknesses typically appear. My SFST certification means I can evaluate field sobriety test results the way a trained officer would — which matters when we are challenging the defense's narrative or supporting a finding of serious impairment.

As in-house trial counsel for the nation's largest insurance carrier, I learned how claims are categorized, how reserves are set, how coverage disputes are evaluated internally, and at what point companies decide to settle versus fight. I sat on the other side of the table for years, and I know exactly how they think.

Now, as a partner at Boggs, Cowan & Fargione, I use all of that background on behalf of injury victims and their families across Athens, Watkinsville, Monroe, and the surrounding communities of Athens-Clarke, Oconee, Walton, Gwinnett, Newton, and Barrow Counties.

If You Were Injured by a Drunk Driver in Georgia, We Are Ready to Help

DUI accident cases require an attorney who understands the science, the law, and the insurance industry — not just the basics of negligence. If you or someone you love was hurt by an impaired driver, contact Attorney Lucas Cowan at Boggs, Cowan & Fargione for a free consultation. Call us at 706-637-3343 or reach out online. We handle injury cases on a contingency fee basis — meaning you pay nothing unless we recover for you.