California DUI Laws and Your Civil Claim
California Vehicle Code Section 23152 makes it illegal to drive with a blood alcohol content of 0.08% or higher. When a driver violates this law and injures you, they are negligent per se — meaning their illegal act is automatic proof of negligence in your civil case. You do not need to prove they were careless. The DUI conviction or arrest record is powerful evidence in your personal injury claim.
The Difference Between Criminal and Civil DUI Cases
A DUI case has two separate tracks. The criminal case involves the state prosecuting the drunk driver for breaking the law. You have no control over this process and receive no compensation from it directly. The civil case involves you filing a personal injury claim to recover compensation for your injuries. This is entirely separate from the criminal case and you can pursue it regardless of whether the driver is convicted. Even if the drunk driver is acquitted in criminal court, you can still win your civil case because the burden of proof is lower — preponderance of evidence rather than beyond a reasonable doubt.
Punitive Damages in DUI Accident Cases
Unlike most car accident cases, DUI accidents often qualify for punitive damages. California Civil Code Section 3294 allows courts to award punitive damages when a defendant acted with malice, oppression, or fraud. Courts have consistently held that choosing to drive drunk constitutes conscious disregard for the safety of others — making punitive damages available in many DUI injury cases. Punitive damages can significantly increase your total recovery beyond your actual medical bills and lost wages. Attorney Anthony Girgis knows how to build the case for punitive damages and present it effectively.
Insurance Issues in DUI Cases
Insurance companies routinely try to minimize payouts even in clear-cut DUI cases. Common tactics include questioning the severity of your injuries, disputing causation, or rushing you into a quick settlement before you understand the full extent of your damages. In some cases the drunk driver may have insufficient insurance coverage. Attorney Anthony Girgis will identify all available sources of compensation including your own uninsured and underinsured motorist coverage.
What Compensation Can You Recover?
Compensation available in DUI accident cases includes medical expenses including emergency care, surgery, and rehabilitation, lost wages and lost earning capacity, pain and suffering, emotional distress and PTSD, property damage, punitive damages, and wrongful death damages if a family member was killed.
What to Do After a DUI Accident
Call 911 immediately and make sure police respond and document the driver’s intoxication. Request that officers conduct sobriety testing on the other driver. Photograph all damage, injuries, and the scene. Collect witness contact information. Seek medical attention immediately. Preserve all evidence including your clothing and any dashcam footage. Do not speak to the other driver’s insurance company without an attorney.
Why Choose Girgis Law Firm?
Girgis Law Firm has recovered millions for accident victims across the San Fernando Valley. Attorney Anthony Girgis has experience pursuing punitive damages against drunk drivers and provides direct access throughout your case. There are no upfront fees and you pay nothing unless we win. We offer a free consultation to review your case and explain your options.
Request a Free Consultation
Call (818) 986-5000 or fill out our contact form for a free, no-obligation consultation with Attorney Anthony Girgis. We represent accident victims throughout Encino and the San Fernando Valley on a contingency fee basis — you pay nothing unless we win.