Drunk driving is one of the most common causes of traffic accidents in California, including the Bakersfield area. These accidents cause serious injuries, losses, and even deaths. When such situations arise, legal liability can be civil or criminal, and understanding the difference between the two is crucial for all victims and their families.
Criminal Liability in Drunk Driving Accidents
Criminal liability refers to the legal consequences faced by a driver who has committed a criminal offense, such as driving under the influence of alcohol (criminal offense). These consequences are dealt with in the criminal courts, to punish the offender for his irresponsibility and prevent a repeat offence.
- Penalties for drunk driving in California include:
- Jail time
- Significant fines
- License suspension
To be found guilty, the prosecution must prove the defendant’s guilt “beyond a reasonable doubt“, which is a high standard of proof in criminal law.
Civil Liability in Drunk Driving Accidents
Civil liability allows injured parties to seek compensation for their losses through civil lawsuits. These cases are handled in civil courts, where the injured party focuses on obtaining compensation rather than punishing the offender.
- Compensation in civil cases may include:
- Medical expenses
- Lost wages
- Punitive damages
- Property damage
Unlike criminal cases, civil law requires that fault be proved based on a “preponderance of evidence“, a lower standard than “beyond a reasonable doubt”.
How Do Civil and Criminal Liability Differ
| Characteristic | Criminal Liability | Civil Liability |
| Purpose | Punishment of the driver (criminal prosecution) | Compensation for the injured party (seek compensation) |
| Courts | Criminal courts (criminal courts) | Civil courts (civil courts) |
| Plaintiff | The state (prosecution) | The injured party (injured party) |
| Outcome | Jail time, fines, license suspension | Financial compensation (civil penalties) |
| Burden of Proof | Beyond a reasonable doubt (beyond a reasonable doubt) | Preponderance of the evidence (preponderance of evidence) |
Can Civil and Criminal Proceedings Be Conducted Simultaneously
Yes, a driver who commits an accident under the influence of alcohol may face civil and criminal cases. For example, in the case of a wrongful death, the victim’s family may file a civil claim, while the state may pursue a criminal case against the driver.
Burden of Proof in Drunk Driving Cases
The burden of proof is the level of evidence needed to successfully prove a case in court. In drunk driving cases, this standard significantly differentiates between criminal liability and civil liability, as each type of case serves a different purpose in the legal system.
- In criminal cases, the burden of proof is on the prosecution, which must prove the accused’s guilt beyond a reasonable doubt. This means that the evidence must remove all reasonable doubt as to the guilt of the accused. This is the highest standard of proof in the legal system, for criminal penalties, such as imprisonment or the revocation of a driver’s license, have serious consequences.
- In civil cases, the burden of proof is lower. The injured party must prove his case based on a preponderance of evidence, which means that it is sufficient to show that it is more likely than not (more than 50%) that the accused is responsible for the damage. This standard allows victims to seek compensation even if the evidence is insufficient for a criminal conviction.
Is DUI Considered Civil or Criminal
Driving Under the Influence (DUI) is primarily considered a criminal offense, as it involves breaking laws designed to ensure public safety. DUI cases are prosecuted in criminal court, and penalties can include jail time, fines, license suspension, and other criminal consequences.
However, DUI can also lead to civil liability if the drunk driver causes an accident that results in injuries or property damage. When it happens the injured party can file a civil lawsuit against the driver to seek compensation for medical expenses, lost wages, property damage, pain and suffering, or other losses.
Why Is It Important To Have a Lawyer for Your DUI Case
If you have been injured in an accident caused by a drunk driver, an experienced Bakersfield drunk driving accident attorney from Bojat Law Group can help you to:
- Collect evidence such as police reports and medical bills
- File a civil lawsuit against a faulty driver
- Maximize compensation for your injuries and losses, including medical expenses and lost earnings
Contact Bojat Law Group For a Free Consultation
If you or a loved one is the victim of a drunken-driving accident in Bakersfield or surrounding area, do not wait. Contact Bojat Law Group for a free consultation and find out how we can help in your case.
Call us today at (818) 877-4878 or visit our Web site for more information.
Skip to content