When a drunk driver causes an accident, the legal aftermath can be complex, involving both criminal court and civil court. While both types of cases arise from the same event, they operate in completely different courts, have different purposes, and seek different outcomes.
A criminal DUI case is brought by the State against the driver. The primary goal of this action is punishment for the crime. In a criminal court, the government seeks to prove that the driver violated state laws against operating a vehicle while intoxicated.
If a person is convicted of DUI in Greenville, SC, the penalties may include jail time, fines paid to the state, license suspension, and mandatory substance abuse programs. This process is about holding the individual accountable to society for breaking the law.
In contrast, a civil DUI or dram shop lawsuit is brought by a person who is injured by an impaired driver against all persons or parties whose unlawful actions contributed to his injuries. The primary goal of this action is to allow the injured person to recover financial compensation for their damages.
The potential subjects of civil DUI case include the impaired driver, and all persons or businesses who served the driver if he was underage or already impaired. By addressing both the driver’s actions and the potential liability of the bar or restaurant that overserved them, victims can pursue all available avenues for compensation.
Understanding the Two Sides of a Drunk Driving Case
A drunk driving accident often leads to two completely separate legal battles: a criminal case and a civil case.
The State brings the criminal case against the drunk driver. Its primary goal is to punish the driver for breaking the law, specifically for Driving Under the Influence (DUI). This case can result in penalties like jail time, fines, or a suspended license for the offender. The victim is a witness in this case, but they usually do not receive financial compensation for their injuries here.
The victim can also bring their own civil case, which may include a personal injury claim against the driver or a dram shop lawsuit against the establishment that served them. The goal of this lawsuit is entirely different: to obtain a financial recovery for the victim.
This money is meant to cover things like medical bills, lost wages, and pain and suffering. This case is about compensation, not punishment. Although the outcomes of the two cases are separate, a conviction in the criminal case can often strengthen the civil case.
What Happens in a Criminal DUI Case?
In a criminal case, the State brings charges against the driver for the offense of driving under the influence (DUI). This action is independent of any civil lawsuit brought by a victim and has a distinct purpose: to punish the driver for breaking the law.
The process of a criminal DUI case follows a defined path:
1. The Arrest and Charges
A law enforcement officer arrests the driver, and the State initiates criminal proceedings. The charge is based on the driver’s impairment from alcohol or drugs to the extent that their ability to drive is materially affected.
2. The Parties and Burden
The State of South Carolina is the prosecuting party. The State must prove the driver’s guilt beyond a reasonable doubt, the highest standard of proof in the legal system.
3. The Court Proceedings
The case proceeds through the criminal court system, involving an arraignment, possible pre-trial motions, and potentially a trial by judge or jury. The driver’s defense attorney may challenge the prosecution’s evidence in an effort to secure an acquittal.
4. The Consequences of Conviction
If the driver is convicted, the court imposes penalties designed to punish the driver and deter others from driving while impaired. These penalties are determined by state law and often depend on the driver’s blood alcohol content (BAC) and the number of previous offenses.
Key Difference: Punishment vs. Compensation
The most essential difference between a criminal DUI charge and a civil dram shop lawsuit is the goal of the legal action.
A criminal DUI in Greenville, SC, case is about punishment. The State’s objective is to enforce the law, penalize the drunk driver for their actions, and deter future crimes. The outcome is not a payment to the victim, but rather sanctions against the offender, such as jail time, fines paid to the State, and probation.
A dram shop lawsuit is about compensation for the victim. The victim’s objective is to seek financial recovery from all negligent parties: the driver and, potentially, the business that overserved them. This money is intended to make the victim financially whole by covering the costs and damages they sustained, such as medical bills, lost wages, and pain and suffering.
Does One Impact the Other?
The two cases are independent, meaning the outcome of one does not automatically determine the outcome of the other. For instance, a driver might be found not guilty in criminal court, but the victim could still win a civil lawsuit against them. This is because the burden of proof is much lower in a civil case than in a criminal one.
Despite their separation into different courts, the results of both cases can be related. If the driver is convicted of DUI, that criminal conviction can often be used as evidence in the civil case to show the driver was negligent and responsible for the accident. This does not guarantee a civil victory, but it provides a very strong basis for the victim’s claim for compensation.
How a Liquor Liability Lawyer Can Help Your Case
If you were injured by a drunk driver in Greenville, SC, our liquor liability lawyers can help you seek justice and recover compensation. We can:
- Investigate the Incident: We will investigate the accident to determine not only the extent of driver’s impairment but also where they were served alcohol.
- Identify All Responsible Parties: We will look beyond the driver to see if a store, bar or restaurant may also be held liable under dram shop laws.
- Gather Critical Evidence: We will collect crucial evidence, such as police reports, medical records, and witness statements, in order to build a strong compensation claim.
- Seek Maximum Compensation: We will work to recover damages covering your past and future medical care, lost income, property damage, and the pain and suffering caused by your injuries.
- Handling Negotiations and Litigation: Insurance companies for bars and restaurants will attempt to deny responsibility. We will handle all communication, negotiations, and courtroom work on your behalf, advocating for a fair settlement or taking the case to trial to achieve the best possible result.
Contact a Liquor Liability Lawyer Today
Suffering an injury from a drunk driver is a life-altering event. At David R. Price, JR., P.A., we know that medical bills, lost wages, and pain and suffering associated with these cases can create significant burdens for injured persons and their families.
If you have been injured by a drunk driver, we will investigate the circumstances surrounding your accident to determine all responsible parties, including whether a liquor liability claim exists under South Carolina law. Our priority is to gather the necessary evidence to build a strong case for compensation.
Contact David R. Price, JR., P.A. at 864-271-2636 today to request a free consultation.