Yes, because even when a driver is charged with a DUI, the insurance company may still attempt to minimize your claim. Keep in mind, while a driver may be facing a DUI charge, this has nothing to do with your Fresno car accident claim. In fact, victims often ask us if they must wait until the driver is found guilty of a DWI charge to proceed. The fact is you do not have to wait for criminal charges to resolve. Lawsuits filed to compensate someone who is injured due to another person’s negligence are different from criminal DUI charges. A DUI is a criminal matter while a car accident compensation lawsuit is considered a civil matter. In the case of a DUI, the prosecutor has to prove beyond a reasonable doubt the driver was under the influence. In the case of a civil lawsuit, the case must be proven by a preponderance of the evidence, which is a lower standard. Additionally, while a conviction for DUI might help support a civil claim, a lack of a criminal conviction does not bar a plaintiff from pursuing damages in a Fresno civil court.