Hit by a drunk driver in Mesa: the criminal case, your claim and the bar

Impairment was a factor in 29% of Mesa's fatal crashes in 2024. Two tracks start after a DUI crash. Mesa Police and prosecutors run the criminal case, and you run the injury claim, generally within 2 years. Call Mesa Victim Services at 480-644-4075. Compensation has a 72-hour police report condition.

Last checked November 9, 2026 · Official sources (35)

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Road map of Mesa showing the arterial streets where most of the city's fatal crashes occur
Impairment was a factor in 29% of Mesa's fatal crashes in 2024. Map data © OpenStreetMap contributors.

What happens with the DUI case in Mesa, and how is it different from my claim?

Impaired driving is a steady part of Mesa's crash numbers. Alcohol or drugs were a factor in 16 of the city's 41 fatal crashes in 2023. Mesa's Traffic Section has 6 DUI officers and 6 Vehicular Crimes detectives. Its Toxicology Unit tests blood for alcohol and drugs. Marijuana counts too. Mesa's prosecutor says driving under its influence is illegal.

Criminal DUI caseYour injury claim
Who runs itPolice and prosecutorsYou and your lawyer
What it can get youA court can order the defendant to reimburse your financial loss as part of the sentenceMedical bills, lost pay, pain and suffering
DeadlineSet by prosecutors and the courtGenerally 2 years to sue
If it ends without a convictionNo restitution orderYour claim can still go on

Do not wait for the criminal case to finish. Restitution covers economic loss only. It does not pay for pain, and your 2 years keep running while the court case moves along.

Who pays if a drunk driver hits me in Mesa?

  • The driver's auto policy. The Arizona minimum is $25,000 per person, $50,000 per crash.
  • Your own uninsured or underinsured coverage. Insurers must offer it in writing, and it reaches everyone insured on the policy.
  • The driver personally. A debt for injuries caused by intoxicated driving is not wiped out in bankruptcy.
  • A bar or store, in the narrow case below.
  • Arizona Crime Victim Compensation, which pays last after other sources.

Arizona's constitution bars any law that caps injury damages. Punitive damages are possible but hard. You need clear and convincing proof of what courts call an evil mind. Being drunk behind the wheel does not settle that by itself, so ask a lawyer how it fits your facts.

Can I sue the bar that served the driver in Mesa?

Sometimes. A licensed seller can be liable for selling to someone who was obviously intoxicated, or to someone underage without asking for ID. Obvious means problems a reasonable person would have seen, such as serious trouble with balance or speech. Outside that law, sellers are generally not liable.

A few limits matter. An adult who was drinking with the driver and knew the driver was impaired generally cannot sue the bar. Social hosts are generally not liable for serving adults. A bar that is found at fault pays only its own share.

Move quickly on this part. Receipts and security video often disappear. Tell police or your lawyer where the driver was drinking. Investigators at the Arizona Department of Liquor Licenses and Control respond to complaints and investigate over-service.

How do I get crime victim money in Mesa after a DUI?

  1. Call Mesa Police Victim Services at 480-644-4075 or 480-644-2002.
  2. Check the conditions. The crime must be reported within 72 hours, and a claim filed within two years of discovery, along with other listed conditions. The number is 602-506-4955.
  3. List what you paid out of pocket. The program can cover medical expenses, funeral costs, lost wages and counseling.
  4. Ask the Maricopa County Attorney's Office to send you notice of court dates and to seek restitution.

You can qualify even if no one is ever arrested. If the driver fled, the hit-and-run rules apply as well.

How do I get a DUI crash report in Mesa?

Most Mesa crash reports are on BuyCrash for $2.60 if your name is on them. DUI-related and fatal reports are different. They are not online, and a report direct from Mesa Police costs $5.

Records is at 59 S. Hibbert, Monday to Thursday, 7 a.m. to 5 p.m. A crash on US 60 or a loop freeway goes through Arizona DPS. Wait at least 14 days before you call.

If a public employee was the impaired driver, or a road defect played a part, the 180-day claim rule applies. For the City of Mesa, that goes to the City Clerk.

Questions

How long do I have to sue a drunk driver in Mesa?

Generally 2 years. Do not assume the criminal case pauses that time.

Can I get money if the drunk driver has no insurance?

Your own uninsured coverage may pay, if you have it. Crime Victim Compensation may also help as a last-resort payer.

Do I need the driver to be convicted?

No. Your injury claim is separate, and Mesa says compensation help is available whether or not the offender is prosecuted.

Who tests the driver's blood in a Mesa DUI?

Mesa Police has its own Toxicology Unit that tests blood for alcohol and drugs. Ask your lawyer how to get those results.

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Sources (35)

  1. City of Mesa, City of Mesa Crashes presentation, checked 2026-11-08. “29% citing impairment as a factor”
  2. A.R.S. § 12-542, checked 2026-11-08. “within two years after the cause of action accrues”
  3. Mesa Police, Victim Services, checked 2026-11-08. “Please call Mesa Police Department Victim Services at 480-644-4075 (4806444075) or 480-644-2002 (4806442002)”
  4. Mesa Police, Victim Services, checked 2026-11-08. “the crime was reported within 72 hours;”
  5. Mesa Police, Criminal Justice Information Division, checked 2026-11-08. “Crashes can be obtained directly through Mesa Police for $5.00”
  6. Mesa Police, Criminal Justice Information Division, checked 2026-11-08. “59 S. Hibbert Mesa, AZ 85210”
  7. Arizona Revised Statutes 4-311, checked 2026-11-09. “The licensee sold spirituous liquor either to a purchaser who was obviously intoxicated, or to a purchaser under the legal drinking age without requesting identification”
  8. Arizona Revised Statutes 4-312, checked 2026-11-09. “except as provided in section 4-311, a person, firm, corporation or licensee is not liable in damages to any person who is injured”
  9. Mesa Police, Victim Services, checked 2026-11-08. “this compensation is available whether or not the criminal is identified and prosecuted.”
  10. City of Mesa, 2023 Crash Report, checked 2026-11-08. “Impairment by either alcohol or drugs was a factor in 16 (39%) of the 41 fatal crashes within Mesa in 2023.”
  11. Mesa Police, Traffic Section, checked 2026-11-08. “6 DUI Officers and 6 Vehicular Crimes Detectives”
  12. Mesa Police, Toxicology, checked 2026-11-09. “Forensic Scientists working in the Toxicology Unit perform blood volatiles analyses, blood drug screening and confirmations”
  13. City of Mesa, DUI Awareness, checked 2026-11-09. “driving while under the influence of marijuana is illegal”
  14. Maricopa County Attorney, Victim Services, checked 2026-11-09. “If you suffered a financial loss as a result of a crime, the defendant can be ordered to reimburse you as part of the sentence imposed by the Court.”
  15. Arizona Revised Statutes 13-603, checked 2026-11-09. “in the full amount of the economic loss as determined by the court”
  16. A.R.S. § 28-4009(A)(2)(b), checked 2026-11-08. “(i) $25,000 because of bodily injury to or death of one person in any one accident. (ii) Subject to the limit for one person, $50,000 because of bodily injury to or death of two or more persons in any one accident. (iii) $15,000 because of injury to or destruction of property of others in any one accident.”
  17. Arizona Revised Statutes 20-259.01, checked 2026-11-09. “uninsured motorist coverage that extends to and covers all persons insured under the policy”
  18. 11 U.S.C. 523(a)(9), checked 2026-11-09. “for death or personal injury caused by the debtor's operation of a motor vehicle, vessel, or aircraft if such operation was unlawful because the debtor was intoxicated”
  19. Arizona Criminal Justice Commission, checked 2026-11-09. “the compensation program is always the payer of last resort”
  20. Arizona Constitution, article 2, section 31, checked 2026-11-09. “No law shall be enacted in this state limiting the amount of damages to be recovered for causing the death or injury of any person”
  21. Swift Transportation v. Carman (Ariz. 2022), checked 2026-11-09. “To establish an evil mind requires clear and convincing evidence”
  22. Arizona Revised Statutes 4-311, checked 2026-11-09. “significantly uncoordinated physical action or significant physical dysfunction that would have been obvious to a reasonable person”
  23. Arizona Revised Statutes 4-312, checked 2026-11-09. “who was present with the person who consumed the spirituous liquor at the time the spirituous liquor was consumed and who knew of the impaired condition”
  24. Arizona Revised Statutes 4-301, checked 2026-11-09. “A person other than a licensee or an employee of a licensee”
  25. Arizona Revised Statutes 12-2506, checked 2026-11-09. “the liability of each defendant for damages is several only and is not joint”
  26. Arizona Department of Liquor Licenses and Control, checked 2026-11-09. “responding to complaints, and investigating violations such as underage sales, over-service, unlicensed operations”
  27. Mesa Police, Victim Services, checked 2026-11-08. “These include medical expenses, funeral costs, lost wages, and mental health counseling.”
  28. Maricopa County Attorney, Victim Services, checked 2026-11-09. “Crime victims may be eligible to receive funds administered by Arizona”
  29. A.R.S. § 28-661(A), checked 2026-11-08. “The driver of a vehicle involved in an accident on public or private property resulting in injury to or death of a person shall: 1. Immediately stop the vehicle at the scene of the accident or as close to the accident scene as possible but shall immediately return to the accident scene.”
  30. Mesa Police, Criminal Justice Information Division, checked 2026-11-08. “Non-criminal accident reports are available online from February 24, 2009 to present.”
  31. Mesa Police, Criminal Justice Information Division, checked 2026-11-08. “Fees are $2.60 for involved parties if name on credit card matches a name on the accident report.”
  32. Arizona DPS, Request Records, checked 2026-11-08. “maintains records for collisions (accidents) that were investigated by DPS Troopers occurring on an Interstate or State Highway”
  33. Arizona DPS, Request Records, checked 2026-11-08. “Please wait at least 14 days to check on report availability”
  34. Arizona Revised Statutes 12-821.01, checked 2026-11-08. “within one hundred eighty days after the cause of action accrues”
  35. City of Mesa, Claim Form (updated 08/03/2026), checked 2026-11-08. “shall file the claim with the Mesa City Clerk within 180 days after the claim accrues.”

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