When a drunk driver injures you, you are entitled to recover for your harm — and because driving under the influence is so reckless, California may also allow punitive damages to punish the driver beyond your normal compensation.

A DUI crash often runs on two tracks: a criminal case brought by the state and your separate civil claim for compensation. With over $1 billion recovered, Frank Penney Injury Law pursues the civil claim aggressively while the criminal case proceeds.

Why DUI Cases Are Different

Why DUI Cases Are Different

A drunk-driving crash is not an "accident" — it is the result of a choice, and the law treats it that way.

Punitive Damages

California Civil Code 3294 may allow extra damages to punish drunk drivers.

Criminal Plus Civil

A DUI conviction is separate from — and can strengthen — your civil claim.

Clear Liability

A measured blood-alcohol level is strong evidence of negligence.

Restitution

A criminal case may order restitution, but it rarely covers full losses.

Third-Party Liability

In limited cases, others who provided alcohol may share responsibility.

Severe Injuries

DUI crashes are frequently high-speed and catastrophic.

Know Your Rights

Punitive Damages and Dram-Shop Limits

Because driving drunk shows conscious disregard for safety, California allows punitive damages against the impaired driver in appropriate cases. California also limits "dram shop" liability — bars and social hosts generally are not liable for serving adults, with a narrow exception under Business and Professions Code 25602.1 for serving an obviously intoxicated minor. We evaluate every avenue of recovery.

A DUI crash is a car accident claim, often with catastrophic injuries or wrongful death. Learn how case value works. We serve Sacramento, Roseville, and Oakland.

What We Pursue

  • Compensation for all medical care
  • Lost wages and future earnings
  • Pain and suffering
  • Punitive damages where available
  • Wrongful death for fatal crashes
  • Coordination with the criminal case
Common Questions

Drunk Driving Accidents FAQs

Can I sue a drunk driver who injured me in California?

Yes. The criminal case the state brings against the drunk driver is separate from your civil claim for compensation. You can pursue a civil claim for your medical bills, lost income, pain and suffering, and — because DUI is so reckless — potentially punitive damages.

What are punitive damages in a DUI case?

Punitive damages are awarded to punish especially reckless conduct, beyond compensating your losses. California Civil Code 3294 permits them where a defendant acted with malice or conscious disregard for safety, which drunk driving can satisfy. They are decided case by case.

Can a bar be held responsible for serving the driver?

Usually not. California strictly limits dram-shop liability, so bars and social hosts generally are not liable for serving alcohol to adults. A narrow exception under Business and Professions Code 25602.1 applies to serving an obviously intoxicated minor. We review whether any exception fits your case.

Should I wait for the criminal case to finish?

No. Your civil claim has its own two-year deadline under California Code of Civil Procedure 335.1 and should proceed on its own track. A criminal conviction can actually help your civil case, but you should not delay starting it.