Drunk Driving Crashes — Civil vs. Criminal Claims When a drunk driver injures you, the criminal case and your civil case are completely separate. A DUI prosecution protects society. Your personal injury lawsuit is about your compensation — medical bills, lost wages, pain and suffering, and potentially punitive damages. Attorney Kelsey DePaoli handles the civil side — and does so aggressively. She won a $1,241,561 jury verdict in Sacramento Superior Court in a DUI case where the at-fault driver tried to blame his girlfriend. The jury saw through it. That's the kind of fight you need. DUI cases may qualify for punitive damages — awarded to punish reckless conduct We pursue the driver personally AND their insurer We investigate whether dram shop liability applies (bar or restaurant over-serving) A criminal conviction is powerful civil evidence — we use it strategically We don't wait for the criminal case to resolve — we move fast to protect your rights Punitive Damages in California DUI Cases California Civil Code §3294 allows punitive damages when a defendant acted with "malice, oppression, or fraud." Courts have repeatedly found that choosing to drive drunk constitutes conscious disregard for the safety of others — which can qualify for punitive damages. Punitive damages are awarded in addition to your compensatory damages and are designed to punish the wrongdoer and deter similar conduct. DePaoli Law Team evaluates every DUI case for punitive damages potential. Dram Shop Liability — Was the Bar Also Responsible? California's Business and Professions Code §25602.1 allows injured third parties to sue the business that over-served the drunk driver, under certain circumstances. If a bar, restaurant, or social host provided alcohol to an obviously intoxicated person who then injured you, there may be additional defendants with significant insurance coverage. DePaoli Law Team investigates every DUI crash for third-party liability — because finding every source of compensation is how we maximize what you recover. Frequently Asked QuestionsCan I sue a drunk driver in civil court even if they weren't convicted? +Yes. Civil and criminal cases are separate. The standard in civil court is 'preponderance of evidence' (more likely than not), which is far lower than 'beyond reasonable doubt.' Even if criminal charges are reduced or dropped, your civil case can still succeed. What are punitive damages and can I get them? +Punitive damages punish reckless conduct and are separate from your injury compensation. California courts have found drunk driving to be conscious disregard for others' safety — which can qualify. DePaoli Law Team evaluates every DUI case for punitive damage potential. Should I wait for the criminal case to finish before suing? +No — and waiting can hurt you. Evidence preserves faster, witnesses' memories are sharper early on, and the statute of limitations runs regardless of the criminal timeline. Call DePaoli Law Team immediately at (916) 962-2896.