The Legal Implications of a DUI

The Legal Implications of a DUI

According to the National Highway Traffic Safety Administration (NHTSA), about 32 people in the United States die in drunk-driving accidents each day. This works out to one person every 45 minutes.

Drunk driving is illegal and is also known as the crime of “driving under the influence” of drugs or alcohol, commonly referred to as a “DUI”.  A person who causes an accident while impaired can find themselves facing both criminal charges as well as a civil lawsuit:

• Criminal Charge: Driving while under the influence is a criminal offense in every state across the U.S. and can result in a DUI charge being brought by the state.
• Civil Lawsuit: In addition to any criminal charges, the driver of a DUI-related accident may also face a personal injury lawsuit brought by the victim.

If you have been charged with a DUI, you could be facing penalties, fines, the suspension or revocation of your driving license as well as jail time. However, a DUI charge does not necessarily result in a conviction. To increase the chances of the charges being dropped or their effects minimized, it is best to seek advice from an experienced DUI accident attorney, who offers consultations where they can advise you of your legal rights.

In cases where someone has been injured due to a DUI-related accident, the injured party may choose to bring a civil claim against the driver seeking compensation for the injuries they sustained. In most personal injury cases involving a DUI, a settlement will be reached out of court by the parties’ insurers. This article will outline what steps to take when faced with a DUI-related personal injury lawsuit, as well as the legal requirement of bringing such a claim.

Formal Notification of Claim

Aside from any criminal charges that you may be facing, a civil lawsuit may be brought against you from the injured party. After filing a petition in court they will be referred to as the ‘plaintiff’. You will then receive formal notice that they have filed a claim against you and will be referred to as the ‘defendant.’

Typically, you will receive notice or be ‘served’ with a summons within 30 days of the claim being filed in court, though this period can vary between states with some states allowing notice to be served up to six months after it has been filed in court. In certain cases, an extension may be granted by the court, for instance, where there are problems locating and notifying the defendant.

How to Respond

Once you have received a summons and been notified that a civil claim has been brought against you, follow the steps below:

• File your response document or ‘answer’ within the specified time frame. If you file this document late it could result in the plaintiff winning the case as a ‘default judgment’ is awarded against you.
• Contact your insurance company as soon as possible and let them know you have been served. You may be entitled to legal defense under your policy and they will then take over the claim on your behalf. However, be aware that your insurer may deny cover in DUI-related cases.

Civil Lawsuit v Criminal Charges

In a civil drunk driving lawsuit, the plaintiff is seeking damages or compensation for the injuries they suffered. If the defendant is found liable they will have to pay a financial amount to compensate the defendant, however, unlike a criminal DUI charge, they will not face jail time.

In both criminal charges and a civil lawsuit, the burden of proof rests on the plaintiff to prove the defendant was liable. However, in civil cases, the burden of proof on the plaintiff is lower than that required of a criminal prosecutor.

Under a criminal charge, the prosecution must prove each element of a DUI case “beyond a reasonable doubt”, whereas in a civil lawsuit the plaintiff must prove the defendant’s liability by a preponderance of the evidence. The burden of proof will be met if the plaintiff can show there is a greater than 50% chance that their argument is true.

As the burden of proof is lower, it can result in someone being found liable under a civil lawsuit despite being found innocent in a criminal case. To successfully bring a civil lawsuit for a DUI-related personal injury, the plaintiff must prove that the defendant’s negligence was the cause of their injuries. This requires the following four elements to be satisfied:

Duty of Care

The plaintiff must prove that the defendant owed them a duty of care.  In motor vehicle-related cases drivers are expected to adhere to the rules of the road and operate their vehicles responsibly and with due care and attention to other motorists and pedestrians. As a result, a duty of care between the plaintiff and defendant exists.

Breach of Duty

The defendant must have breached their duty of care to the plaintiff. By driving under the influence of drugs or alcohol the driver has knowingly put other road users in harm’s way and has failed to act with reasonable care while driving.  As a result, they will have breached their duty of care.

Causation

The defendant’s breach of duty must have directly led to the injuries sustained by the plaintiff. The plaintiff must prove that had it not been for the defendant’s actions they would not have been injured.

Damages

In order to be compensated for their injuries, there must be some quantifiable financial loss to the plaintiff which can be awarded to them in damages. In a DUI-related personal injury claim damages may include some or all of the following:

• Medical expenses
• Loss of income
• Property damage
• Loss of consortium
• Pain and suffering
• Permanent disability

As well as such compensatory damages in a drunk driving personal injury case, the plaintiff may also be entitled to punitive damages.  These are awarded to punish the defendant for their actions and to deter them and others from behaving in such a way in the future. If the above elements are established, the defendant will be negligent and found liable for the plaintiff’s injuries.

Now that you are better informed of the potential consequences of either facing a DUI charge or filing a civil claim, you can proceed with confidence.