If the driver that hit you was intoxicated, the police will come to the scene. The police may or may not arrest him depending on what signs he is showing of intoxication. If he is arrested, you may be asked to come to court if that driver is prosecuted for a DUI. With regards to your case if you are a limited tort driver, meaning you chose limited tort on your policy, a driver who is convicted or pled guilty to driving under the influence changes your tort status. Making you a full tort driver allowing you to recover full compensation for your injuries.