Drunk Driving Laws in California
California law takes drunk driving seriously. Under Vehicle Code § 23152, it is illegal to drive under the influence of alcohol, drugs, or a combination of both. A person is considered legally impaired if their blood alcohol concentration (BAC) is:
- 0.08% or higher for most drivers
- 0.04% or higher for commercial vehicle drivers
- 0.01% or higher for drivers under the age of 21
Violators can face criminal penalties such as fines, license suspension, mandatory DUI education programs, and even jail time. However, criminal consequences do not automatically compensate the victims of a crash. That’s where a civil personal injury claim comes in—and where our San Rafael drunk driving accident attorneys step in to help.
How to Prove Liability Against a Drunk Driver
To succeed in a personal injury claim, you must show that the drunk driver was negligent and that their actions directly caused your injuries. Evidence that can help prove liability includes:
- Police reports: Officers responding to the crash often conduct field sobriety tests, administer breathalyzers, and make DUI arrests.
- BAC test results: Official chemical test results serve as key evidence in both criminal and civil proceedings.
- Witness testimony: Bystanders or passengers can confirm signs of intoxication or erratic driving behavior.
- Surveillance or dashcam footage: Video evidence may capture the moments before or during the accident.
- Admission of guilt or prior DUI history: These elements may further support your claim.
At Kuvara Law Firm, we conduct thorough investigations, work with experts, and gather all available evidence to build a compelling case on your behalf.
Don’t settle for less. Fight for full compensation.
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$2,000,000 Truck Accident
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$1,850,000 Pedestrian Accident
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$1,800,000 Motorcycle Accident
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$1,750,000 Motor Vehicle Accident
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$1,495,000 Premises Liability
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$1,410,000 Premises Liability
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$1,300,000 Pedestrian Accident
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$1,000,000 Rollover Accident
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"Mr. Kuvara and his team are truly amazing! He is the most kind hearted and will do everything he can to win your case."
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California Dram Shop & Social Host Liability
In California, dram shop laws and social host liability laws are limited compared to other states, but they still offer some protections in drunk driving cases.
Dram Shop Liability
Under California Civil Code § 1714, bars, restaurants, or liquor stores are generally not liable for injuries caused by an intoxicated patron. However, there is an exception if alcohol was served to a minor under 21. In such cases, the establishment may be held responsible for the resulting injuries or damages.
Social Host Liability
Similarly, social hosts (such as a party host) are typically not civilly liable for a guest’s actions after consuming alcohol—unless the guest is underage. If an adult knowingly serves alcohol to a minor and that minor causes a drunk driving accident, the host may face legal consequences.
Our San Rafael DUI injury attorneys will evaluate every angle of your case to determine if a third party can be held partially responsible, increasing the potential compensation available to you.
Drunk Driving Accident FAQs
Can I sue a drunk driver even if they weren’t convicted?
Yes. A civil case is separate from a criminal DUI case and has a lower burden of proof. Even if the driver is not convicted, you can still pursue damages.
What damages can I recover after a drunk driving crash?
You may be entitled to compensation for:
- Medical expenses (current and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Punitive damages (in egregious DUI cases)
How long do I have to file a lawsuit in California?
The statute of limitations is generally 2 years from the date of the accident. However, exceptions may apply, so it’s critical to speak with a lawyer as soon as possible.
Can I file a wrongful death claim if my loved one was killed by a drunk driver?
Yes. If a family member was fatally injured by a drunk driver, you may be eligible to file a wrongful death lawsuit for funeral costs, loss of financial support, and emotional suffering.
What Do You Have to Prove in a Car Accident Claim?
In California, motor vehicle accident claims proceed as negligence claims. In a negligence claim, the injured victim must show:
Each of these elements must be proven for a motor vehicle accident victim to prevail in a claim. With the assistance of an experienced California car accident attorney at our San Rafael law firm, the odds of success increase exponentially.
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The At-Fault Party Owed the Accident Victim a Duty of Care -
The Duty Was Breached Because the At-Fault Party Was Negligent;
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Due to the At-Fault Party’s Negligence The Accident Victim Suffered Damages
Call a San Rafael Drunk Driving Accident Lawyer Today
At Kuvara Law Firm, we understand the devastation caused by DUI crashes. Victims and their families are often left with life-altering injuries, emotional trauma, and overwhelming financial burdens. Our team of compassionate and experienced attorneys is here to guide you every step of the way.
We aggressively advocate for justice, and we won’t back down from insurance companies or negligent drivers. Let us fight for the compensation you need to heal and move forward.
Contact Kuvara Law Firm today for a free, confidential consultation with a trusted San Rafael drunk driving accident lawyer. You pay nothing unless we win your case.