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.