What the claim involves
The criminal case punishes the driver. The civil claim pays for what you lost.
California makes it a crime to drive under the influence of alcohol or drugs, or with a blood-alcohol level of 0.08 percent or more, and a separate crime when an impaired driver also breaks a traffic law or neglects a duty in a way that injures someone (Vehicle Code §§ 23152, 23153). The prosecutor brings that case and must prove guilt beyond a reasonable doubt (Penal Code § 1096). Your injury claim is your own: it is decided by a preponderance of the evidence (Evidence Code § 115), and it does not depend on a conviction. Most injury lawsuits must be filed within two years (Code of Civil Procedure § 335.1), so don’t count on the criminal case to extend that deadline.
Kyle Scott Law represents people hurt by impaired drivers across Orange County and Southern California from its office in Tustin. The firm obtains the collision report, the test results, and the criminal case file; identifies every driver, employer, insurance policy, and seller of alcohol that may matter; and evaluates whether the facts support punitive damages. Your first conversation is with attorney Kyle J. Scott, admitted to the State Bar of California in 1991.
A conviction helps, but the civil case stands on its own
A felony conviction can be used in the civil case to prove facts essential to it, even if it rests on a no-contest plea (Evidence Code § 1300). A no-contest plea to a misdemeanor, by contrast, cannot be used against the driver as an admission in a civil suit arising from the same act (Penal Code § 1016). The criminal court must order restitution for a victim’s economic losses, such as medical bills and lost wages; the order is enforceable like a civil judgment, and restitution actually collected is credited against a civil judgment for the same losses (§ 1202.4). Restitution does not reach pain and suffering in a DUI case; the civil claim does.
Punitive damages
Civil Code § 3294 allows punitive damages on clear and convincing evidence of malice, which includes “despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others.” Punitive damages are not automatic, and the facts of the driving and the driver’s history matter. A jury deciding them against an individual driver is instructed under CACI No. 3940 and weighs how reprehensible the conduct was, whether the amount bears a reasonable relationship to the harm, and the driver’s financial condition. At the driver’s request, evidence of finances comes in only after the jury awards actual damages and finds malice, oppression, or fraud (Civil Code § 3295(d)).
Bars, restaurants, and stores
California makes the drinking, not the serving, the legal cause of injuries an intoxicated person inflicts on others (Civil Code § 1714(b)), and a person who serves an obviously intoxicated adult is not civilly liable for those injuries (Business and Professions Code § 25602). The exception is a licensed seller that sells, furnishes, or gives alcohol, or anyone else who sells it, to an obviously intoxicated minor, when that is the proximate cause of the injury or death (§ 25602.1).
Parties and social hosts
A social host who furnishes alcohol generally cannot be held liable for injuries a guest later causes (Civil Code § 1714(c)). The exception is a parent, guardian, or other adult who knowingly furnishes alcohol at his or her residence to someone the adult knows, or should have known, is under 21; then the furnishing may be found to be the proximate cause of resulting injuries or death. The claim can be brought by the underage drinker or by someone that person harmed, such as another driver hit on the way home from a house party (§ 1714(d)).
Cases the firm reviews
Common drunk-driver accident matters.
Information that can matter
A strong claim starts with preserved evidence.
The useful records vary by case. The initial review identifies what exists, what may need to be requested, and what should be preserved before it is lost.
Legal guides
Answers to common drunk-driver accidents questions.
Common questions
Questions about drunk-driver accident claims.
Do I have to wait for the criminal DUI case to finish before filing a claim?
No. The civil claim is separate from the criminal case and does not depend on a conviction. Most injury lawsuits must be filed within two years under Code of Civil Procedure § 335.1, so don’t count on the criminal case to extend that deadline. A conviction can help prove fault, and the criminal file often holds the test results and witness statements a civil claim needs.
Can I get punitive damages from a drunk driver?
Sometimes. Civil Code § 3294 allows punitive damages on clear and convincing evidence of malice, which includes despicable conduct carried on with a willful and conscious disregard of the safety of others, and drunk driving that shows a conscious disregard of its probable dangerous consequences can qualify. Punitive damages are not automatic. Facts such as prior drunk-driving convictions or extreme driving can matter, and the jury is instructed under CACI No. 3940.
Can I sue the bar or restaurant that served the driver?
Usually not, if the driver was an adult. California law treats drinking, not serving, as the legal cause of an intoxicated person’s injuries to others (Civil Code § 1714(b); Business and Professions Code § 25602). The exception is a licensed seller that sells or furnishes alcohol to an obviously intoxicated minor when that is the proximate cause of the injury (§ 25602.1). Receipts, video, and witnesses can show where the driver was served.
Can a party host be responsible?
Generally no, because California protects social hosts from liability for injuries their guests cause after drinking (Civil Code § 1714(c)). The exception is an adult who knowingly furnishes alcohol at the adult’s residence to someone the adult knows, or should have known, is under 21. Then the furnishing may be found to be a cause of the resulting injuries, and the underage drinker or a person that drinker harmed may bring the claim (§ 1714(d)).
Does restitution in the criminal case replace a civil claim?
No. A criminal court must order restitution for a victim’s economic losses, such as medical bills and lost wages, and the order is enforceable like a civil judgment (Penal Code § 1202.4). Restitution does not cover pain and suffering in a DUI case, and money actually collected is credited against a civil judgment for the same losses. A civil claim can reach the driver’s insurance and non-economic damages.
This page provides general information, not legal advice. A consultation is needed to evaluate the facts, deadlines, parties, and law that may apply to a specific matter.
Sources
Official sources.
The figures and rules of law on this page come from these official sources.
- California Vehicle Code § 23152 (driving under the influence)
- California Vehicle Code § 23153 (driving under the influence causing injury)
- California Penal Code § 1096 (proof beyond a reasonable doubt)
- California Evidence Code § 115 (burden of proof)
- California Code of Civil Procedure § 335.1 (two years for injury lawsuits)
- California Evidence Code § 1300 (felony conviction as evidence in a civil case)
- California Penal Code § 1016 (no-contest pleas)
- California Penal Code § 1202.4 (restitution to victims)
- California Civil Code § 3294 (punitive damages)
- California Civil Code § 3295 (evidence of a defendant’s finances)
- California Civil Code § 1714 (furnishing alcohol; social hosts)
- California Business and Professions Code § 25602 (serving an obviously intoxicated person)
- California Business and Professions Code § 25602.1 (furnishing alcohol to an obviously intoxicated minor)
- Judicial Council of California, Civil Jury Instructions (CACI) Nos. 3940 (punitive damages, individual defendant) (2026 edition)
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