What charges can a drunk driver face after causing an accident in California?

July 4, 2026

Admin

When a drunk driver causes an accident in California, they can face serious criminal charges on top of the civil liability they owe to anyone they hurt. Understanding the difference between those two tracks — criminal and civil — matters for your case.

The criminal charges a drunk driver may face:

A driver who causes injury while under the influence can be charged with felony DUI causing injury under California Vehicle Code 23153. This is not a minor traffic offense. Depending on the severity of the injuries and the driver’s history, they may face prison time, license revocation, heavy fines, and mandatory DUI programs.

If someone is killed, the charge can escalate to vehicular manslaughter while intoxicated or, in cases of extreme recklessness, DUI murder — also called a Watson murder charge in California. These carry some of the most serious criminal penalties in the state.

What this means for your injury claim:

The criminal case and your civil injury claim run on separate tracks. You do not need to wait for a criminal conviction to pursue compensation. In fact, waiting can hurt your case — evidence fades, witnesses become harder to locate, and insurance companies continue working their side in the meantime.

A criminal conviction or guilty plea, however, becomes powerful evidence in your civil case. It establishes that the driver’s conduct was not just careless — it was criminal. That opens the door to punitive damages on top of your medical bills, lost income, and pain and suffering.

One thing we see often:

Drunk drivers sometimes have multiple insurance policies their personal auto policy, an umbrella policy, or coverage through an employer if a commercial vehicle was involved. At Cohn & Swartzon LLP, we investigate every available source of recovery, not just the most obvious one.

A consultation is always free. You speak directly with an attorney, not a case manager. No fees unless we recover for you.

Call us at 888-480-3883. Your job is to recover. Our job is to get you justice.