---
title: "Drunk Driving Accident Lawyer | California | Frank Penney"
source: https://penneylaw.com/drunk-driving-accident
---

> Injured by a drunk driver in California? Frank Penney Injury Law pursues full compensation, including punitive damages. No fee unless we win.

# Drunk Driving Accident Lawyer

Justice and Compensation for DUI Crash Victims in California

Legal review by [Frank D. Penney](https://penneylaw.com/frank-d-penney/), founding attorney · Last updated October 7, 2026

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

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.

## 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](https://penneylaw.com/car-accidents) claim, often with catastrophic [injuries](https://penneylaw.com/spinal-cord-injury) or [wrongful death](https://penneylaw.com/wrongful-death). Learn [how case value works](https://penneylaw.com/how-much-is-my-case-worth). We serve [Sacramento](https://penneylaw.com/sacramento), [Roseville](https://penneylaw.com/roseville), and [Oakland](https://penneylaw.com/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

## 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.

## Related Resources

### Distracted Driving

### Wrongful Death

### What’s My Case Worth?

### Car Accidents

### All Resources