You can sue a drunk driver for an accident in the same manner as you would sue any driver who causes an accident. However, Minnesota provides that you may also ask a judge for approval to bring a claim for punitive damages against the drunk driver that caused the accident. Punitive damages are not covered by insurance and are meant to punish the drunk driver for driving under the influence. Any recovery awarded by a jury for punitive benefits related to a drunk driver accident must be paid by the drunk driver directly and not from his insurance company. You may also recover from the drunk driver’s insurance company for those damages not viewed as punitive damages.
Minnesota’s standard for determining drunk driving is currently .08.