Although drinking and driving violates the law in California, you can pursue compensation from the drunk driver who caused your injuries even if they are never arrested, charged, or convicted of DUI. Seeking damages is a civil action, and you only have to show the other party was negligent in their duty to keep others safe and failed to act responsibly by driving after becoming intoxicated, which led to the accident and your injuries. If the party did receive DUI charges or a conviction, you can certainly use that as evidence of their negligence and wrongdoing to strengthen your case. Your attorney can walk you through the process of establishing liability against a drunk driver. They will likely obtain an official police report of the accident, including any reports regarding the other driver’s blood alcohol content (BAC). The legal limits for BAC in California are: 0.08 percent for adults over 21 0.01 percent for persons under 21 0.04 percent for commercial drivers and Uber/Lyft drivers Law enforcement may charge drivers with DUI whose BAC exceeds the legal limit for their situation, or if they are obviously drunk and refuse to submit to chemical testing to determine their BAC.