In short, yes, injured victims may file a lawsuit against a drunk driver who caused them injury. Drunk drivers often face both criminal and civil consequences for their actions. Driving while alcohol impaired is a criminal traffic offense that can lead to an arrest, charges, and conviction in criminal court. In this case, the federal, state, or local government will prosecute the offender. In the event of a conviction, the court will impose penalties including, driver’s license suspension, jail time, and fines.
In a personal injury or wrongful death lawsuit, evidence of drunk driving may be used as evidence of legal liability. Proof of impaired driving can result in financial responsibility for accident-related injuries, deaths, and expenses. The outcome of any criminal proceedings will not impact the outcome of a civil claim for compensation. Although both originate from the same event, the criminal and civil claims operate independently of one another.