A drunk driving accident lawyer can play a critical role in holding impaired drivers accountable for criminal behavior that caused another’s injury or death. Driving while impaired—be it alcohol, narcotics or prescription drugs—is a crime..

When an impaired driver causes a car accident injury, death or property damage, not only can he or she be prosecuted criminally, the driver can also be sued in civil court. And under the Dram Shop Liability Statute, if a drunk driver had been at a bar or restaurant, it may be possible to bring legal action against the establishment.

Driving Under the Influence (DUI)

Law enforcement relies on field sobriety, blood, breath, and urine tests to determine if a driver is impaired. The driver may legally refuse these tests, but if there is a car accident involving injury or death, the driver loses the right of refusal.

An impaired driver can also be charged with recklessness or reckless endangerment. A person who engages in reckless endangerment is presumed to be aware that his or her actions could cause harm, but disregards the risk. A person determined to be reckless can be liable for both compensatory and punitive damages in a civil lawsuit.

Criminal Charges and Civil Liability

As noted above, an injury or death due to drunk driving is a criminal matter as well as grounds for a civil lawsuit. The injured party can file a civil lawsuit even while criminal prosecution is pending; however, the civil trial may be postponed until the criminal trial is concluded.

A drunk driving car accident lawyer will tell you that this is not necessarily a bad thing; if the driver responsible for the accident is found guilty of causing injury or death while driving under the influence, that verdict can be used as evidence of liability in the civil trial.

About ‘Dram Shop’ Liability Laws

The term “dram shop” is an archaic expression for bar, tavern, or any commercial establishment that serves alcohol by the glass.

A licensed bar or restaurant can be held liable for injuries or deaths caused by a drunk driver if it can be established that the business served a customer who was (A) obviously intoxicated, or (B) underage.

This can require evidence such as security video, receipts and depositions or testimony from employees and customers who were there the night of the accident. A drunk driving accident lawyer can advise you in this matter.

How a Drunk Driving Accident Lawyer Can Help

An car accident attorney with expertise in this area can help you recover money for :

• pain and suffering (physical and psychological)
• loss of earnings
• medical and rehabilitation expenses
• wrongful death

This article is not legal advice. It is presented
for informational purposes only.