If you were involved in a car crash with someone that was just under the legal BAC you can still file a lawsuit if the other driver is at fault (or partially at fault). The lawsuit will be the same as a normal car crash case. It is also possible the judge allows punitive damages. Evidence of intoxication should be permitted as it will assist the trier of fact (the jury) in determining fault. The damages will be the same as a normal car crash lawsuit and your personal injury lawyer can help determine value.