What's the Difference Between Criminal and Civil DUI Cases?
Driving under the influence (DUI) is a serious offense and can lead to significant legal and financial consequences. However, there are two distinct sides to every DUI case that may need to be addressed: a criminal case and a civil case.
Each serves a different purpose, follows different legal processes, and can result in separate outcomes. It's important to consult an experienced attorney like Steven Zwick who can guide you through what to expect. In this blog, we provide an overview of the differences between criminal and civil DUI cases in California.
Understanding Criminal DUI Cases
A criminal DUI case is brought by the state of California against an individual accused of driving under the influence of alcohol or drugs. The purpose of this case is to determine whether the accused violated the law and, if so, to impose criminal penalties.
The prosecution’s goal is to hold the accused accountable for endangering others on the road and to deter repeat offenses. These cases are governed by the California Vehicle Code, particularly sections 23152(a) and 23152(b), which prohibit operating a vehicle while under the influence or with a blood alcohol concentration (BAC) of 0.08% or higher.
Overview of the Criminal DUI Process
The process for a criminal DUI case generally begins with an arrest. Afterward, the accused will face arraignment, where they can enter a plea. If the case proceeds, pre-trial hearings and a trial may occur. During this process, the prosecution must prove guilt "beyond a reasonable doubt," which is the highest standard of proof in the legal system.
Criminal Penalties for DUI Offenses
The criminal penalties for a DUI in California vary depending on factors such as the defendant’s BAC, prior offenses, and whether the DUI resulted in injury or death. Some possible outcomes in a criminal DUI case include:
Fines and fees: Defendants may face fines ranging from $390 to $1,000, plus additional court fees and assessments.
License suspension: The Department of Motor Vehicles (DMV) can suspend or restrict driving privileges for first-offense DUIs and longer periods for repeat offenders.
Probation: DUI offenders often face probation, which may include mandatory conditions such as alcohol education programs.
Jail time: Sentences for DUIs can range from two days for a first offense to several years for felony-level DUI convictions.
Ignition Interlock Devices (IID): Certain cases may require the defendant to install and use an IID on their vehicle.
In severe cases, including DUIs that cause injury or fatality, the defendant may face aggravated charges, such as felony DUI or vehicular manslaughter.
Understanding Civil DUI Cases
Unlike criminal DUI cases, civil DUI cases are typically filed by private individuals or entities seeking compensation for damages caused by a DUI incident. These lawsuits are entirely separate from the state’s pursuit of criminal penalties.
The main objective of a civil DUI case is to obtain financial restitution for injuries or damages incurred due to the defendant’s actions. For example, the victims of a DUI accident in California may choose to pursue compensation for medical bills, lost wages, property damage, pain and suffering, and other losses.
Overview of the Civil DUI Process
The process of a civil DUI lawsuit begins when the injured party files a complaint in civil court. The defendant then has an opportunity to respond. During the litigation process, both parties may gather evidence, present witnesses, and negotiate settlements.
Unlike in criminal cases, the standard of proof in a civil case is based on a "preponderance of the evidence." This means that it is more likely than not that the defendant's actions caused the plaintiff’s injuries.
Civil Penalties and Compensation for DUI Offenses
While criminal DUI cases focus on punishment, civil cases address the monetary consequences of the defendant’s behavior. The plaintiff in a civil DUI lawsuit may be awarded compensatory or punitive damages for their injuries.
Compensatory damages aim to reimburse the victim for tangible and intangible losses, such as medical expenses or emotional distress. Punitive damages may be awarded in cases where the defendant’s behavior is deemed extremely reckless or malicious. These damages serve to punish wrongdoing and deter future similar conduct.
Can Criminal and Civil DUI Cases Occur Simultaneously?
It’s entirely possible for a DUI incident to result in both criminal and civil cases. For instance, a driver who caused an accident and injured another person while under the influence may face criminal charges from the state and a civil lawsuit from the injured party. These cases are independent of one another, although evidence from the criminal trial, such as a guilty verdict, can significantly impact any civil proceedings.
How Can a DUI Attorney Help?
Facing both criminal charges and a possible civil lawsuit can often be overwhelming. Therefore, it's important to consult an experienced attorney who can help you navigate both processes. A knowledgeable DUI defense attorney can help defend against criminal charges, challenge evidence like field sobriety tests, and minimize penalties.
At the same time, if you’re the victim of a DUI accident, a skilled personal injury attorney can help you pursue maximum compensation in a civil lawsuit. By partnering with legal professionals who understand both aspects of DUI cases, you can make sure your rights are protected and work toward pursuing the best possible outcome.
Reach Out to the Law Offices of Steven Zwick
Whether you’re facing a DUI charge or dealing with the aftermath of an accident caused by a drunk driver, our attorneys at the Law Offices of Steven Zwick are here to help. With decades of experience handling both criminal defense and personal injury cases, we understand the many facets of California law and can provide the skilled representation you need.
Located in Mission Viejo, California, we serve clients throughout Orange County. Contact our firm today to schedule a free initial consultation.