Driving under the influence (DUI) of alcohol or drugs can lead to serious consequences. If you are pulled over for DUI and arrested you could face criminal charges, a suspended license, and significant fines without the proper legal support. Criminal vs civil case is often brought up in these scenarios
However, drunk driving cases that cause a crash and injuries are even more severe. You may be looking at a felony DUI conviction and a civil lawsuit brought by the injured party. Our Las Vegas DUI lawyers explain what you need to know about the different types of legal proceedings after a DUI accident and breakdown the criminal vs civil case differences.
What Is the Difference Between a Criminal and a Civil Case?
While you might know that driving with a blood alcohol concentration (BAC) of 0.08 or higher is illegal, you may be surprised to learn that you can also be sued for causing a DUI-related crash. However, a personal injury car accident lawsuit differs from criminal DUI charges and would require the aid of Las Vegas personal injury lawyers. Here are how criminal vs civil cases differ.
Separate Purposes
The goal of a criminal case is very different from that of a civil case. A criminal case is meant to punish a defendant for violating criminal law. A civil injury case is a private dispute in which one party sues another.
While the goal of the civil case is to recover compensation for damages, criminal proceedings are meant to hold the defendant accountable for a crime against society.
The Plaintiff
The plaintiff for criminal and civil cases are also different. In criminal cases, the government is the plaintiff, and you will hear cases referred to as the government entity versus the accused. The plaintiff in a civil case is the party that initiates the lawsuit and sues the defendant. This can be an individual, business, or organization.
Burdens of Proof
One of the main differentiating factors between criminal and civil legal proceedings is the burden of proof or the level of evidence the plaintiff needs to prove their claim in court.
For criminal cases, the standard of proof is beyond a reasonable doubt. This means the prosecution carries the burden of convincing the jury that the defendant is guilty of the accused crimes because there is no other reasonable alternative based on the presented evidence. This standard is much higher than in civil cases.
In civil cases, such as personal injury lawsuits, preponderance of evidence is the legal standard of proof. This means the plaintiff only needs to prove their claim is more likely true than not to win their case.
Case Outcomes
At the end of a criminal DUI case, DUI penalties may include:
- Jail time
- Fines
- Community service
- Driver’s license revocation
- Court-ordered DUI school
On the other hand, a defendant in a civil case may be ordered to compensate the victim for damages, such as:
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
It is also important to note that an injury victim has no say in how a criminal case plays out. It is up to the prosecution to prove the defendant’s guilt beyond a reasonable doubt. Conversely, the injury victim is the plaintiff in their civil lawsuit and bears the burden of proof to win their case.
How Could I Face Both Criminal and Civil Proceedings for DUI?
One incident could result in both civil and criminal proceedings. In the case of DUI, the drunk driver may be liable for damages if they cause a motor vehicle crash that leads to injuries and damages. The victim of the DUI-related accident could bring a lawsuit against the driver to seek compensation for their losses.
At the same time, the driver may face criminal DUI charges. If police noticed the driver was intoxicated at the scene of the accident, there could be probable cause for an arrest that leads to criminal proceedings.
RELATED: Lack of Probable Cause Examples for a DUI Stop or Arrest
Can the Outcome of My DUI Criminal Case Affect My Civil Case?
Generally, yes, a criminal DUI conviction can have a significant impact on a related civil case. The conviction will most likely be used as evidence to prove you were negligent behind the wheel. However, each case is a separate legal proceeding, and the outcome of one will not automatically determine the results of the other.
Remember, the purpose of criminal and civil cases are different. While there might be some overlap of evidence, the proceedings are independent of each other. This is important to remember when deciphering criminal vs civil case differences.
If My DUI Charges Are Dropped, Can I Still Be Sued?
Working with an experienced DUI lawyer can help you build strong DUI defense strategies that eventually leads to DUI charges being dropped. This could mean your attorney found holes in the evidence that were enough to create a reasonable doubt that you were intoxicated while driving.
Although your criminal charges were dropped, the burden of proof for civil cases is much lower than beyond a reasonable doubt. While the evidence was insufficient to lead to a criminal conviction, it might be enough to prove negligence in a personal injury case. For this reason, you can still be sued for DUI accident damages, even after your DUI charges were dropped. In this situation you should contact a Las Vegas personal injury lawyer to help.
How Can I Protect Myself During DUI Legal Proceedings?
An unfair DUI arrest can turn your life upside down in an instant, leaving you confused and overwhelmed by the process. Not knowing your rights and legal options could lead to long-term consequences for you and your family. The best way to protect yourself is to hire a skilled DUI attorney to handle your case.
If you are dealing with criminal proceedings and a civil lawsuit due to a DUI crash, ask your DUI lawyer for recommendations on personal injury defense. It is important to have specialized legal professionals on your side to guide you through each case. The plaintiff will likely have a personal injury lawyer on their side, so you will need qualified legal support as well.
Speak With an Experienced DUI Lawyer in Las Vegas
Were you recently arrested for DUI in Las Vegas? Do not wait to speak with a lawyer. Our team at DUI Lawyers of Las Vegas is ready to get started on your case today. We have decades of experience protecting our clients’ rights and getting results. Schedule a free consultation to learn how we can help with your case.