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.
When a crash happens in or around San Rafael, the criminal DUI case may move through the Marin County Superior Court, while your civil claim focuses on recovering money for your losses. As your drunk driving accident attorney, we can track what is happening in the criminal matter, obtain key records such as plea agreements or sentencing orders, and use that information appropriately in negotiating with the insurance company handling your injury claim.
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 breath tests, 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.
A drunk driving accident lawyer in our firm can also help identify less obvious forms of proof, such as bar receipts, ride-share records, or phone data that might show where the impaired driver was drinking or whether they were distracted before the impact. In crashes on local routes like Highway 101, Sir Francis Drake Boulevard, or surface streets near downtown San Rafael, we may consult with accident reconstruction professionals to analyze skid marks, vehicle damage, and traffic patterns so we can clearly explain how the collision occurred and why the impaired driver is responsible.
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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"Wish I could give 6-stars."
I had a bad car accident and I had both the pleasure and the best experience with Kuvara Law Firm. Was given excellent top notch service , the firm and its excellent staff went above and beyond the call of duty, I highly recommend. Thank you for everything.
- Brennan C. -
"They held my hand thru the whole thing, answering my silly calls with questions and showing great patience."
I found the Kuvara Law Firm when I did a search for personal injury attorneys. I scanned down the possibilities but their name jumped out at me. I called, sure I didn't have a claim because I've never done this before, but on reviewing my case Mr. Kuvara said I DO have a case and assigned me to the appropriate person to get things started. They were always very friendly and encouraging whenever I contacted them. Colby is an absolute doll! Then when I had my fall and concussion Mr. Kovara referred me to a colleague at another firm that specializes in that type of case. They, too, were good and helpful and full of information I'd never think of! Everything was perfect, they really knew their jobs at both firms and took great care of me. I can't recommend them highly enough and will keep their contact information in my wallet ready to share with all who may ask! Thanks so much, Colby!
- Lynne D.B. -
"We recommend Kuvara Law Firm to anyone needing services of a law office."
Kuvara law firm was able to resolve a dispute with our insurance company. We received a settlement that we believe is fair and just. Everyone we dealt with at the law firm was very friendly and professional.- Craig M. -
"They were kind, understanding, and extremely helpful in every conversation."
Beyond grateful with the service and support the professionals at Kuvara Law Firm offered me every step of the way in this process. I know being in a situation of need and not knowing where to begin is overwhelming and quite frankly a bit scary.
- Esmeralda M.
California Dram Shop & Social Host Liability
In California, dram shop laws and social host liability laws are more limited than in many 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.
We look carefully at where the drinking took place, who provided the alcohol, and whether there were any warning signs that were ignored. In some situations, a drunk driving accident attorney in San Rafael may be able to pursue claims not only against the impaired driver, but also against an establishment or host who served alcohol to a minor, which can create additional insurance coverage that may help pay for long-term medical care and other serious losses.
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 claim for funeral costs, loss of financial support, and emotional suffering.
When you first meet with our team, we can help you with several key steps:
- Reviewing your documents: We can look over police reports, medical records, and insurance letters you have received so far and explain what they mean.
- Answering insurance questions: We clarify whether, when, and how to speak with adjusters for your insurer or the impaired driver’s insurer.
- Identifying next medical steps: We discuss follow-up treatment options after an emergency room visit, including care at MarinHealth Medical Center or other appropriate providers.
- Explaining the legal process: We outline how a civil drunk driving claim moves forward in California and what you can expect over the coming months.
When you first speak with a drunk driving accident attorney about your situation, we can review the police reports, medical records, and insurance documents you already have and explain what additional information will be helpful. Many people are unsure whether they should talk to the other driver’s insurance company, how to handle calls from adjusters, or where to go for follow-up treatment at facilities such as MarinHealth Medical Center after an emergency room visit, and we can give clear guidance tailored to your case.
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 in Marin County 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 by calling (628) 240-1014 today for a free, confidential consultation with a trusted San Rafael drunk driving accident lawyer. You pay nothing unless we win your case.