What is DUI and how does it affect my personal injury claim?

July 4, 2026

Admin

DUI stands for Driving Under the Influence. In California, a driver is legally considered under the influence when their blood alcohol concentration reaches 0.08% or above — or when any amount of alcohol or drugs has impaired their ability to drive safely, regardless of the exact number.

If you were injured by a drunk driver, that DUI changes your case significantly — and in your favor.

Why a DUI matters for your claim:

When a driver is arrested for DUI at the scene of your accident, their intoxication becomes a documented fact in the police report. This removes one of the most contested elements of any injury case: proving the other driver was at fault. A DUI citation is powerful evidence of negligence.

Beyond standard compensation — medical bills, lost wages, pain and suffering — a drunk driving case in California may also qualify for punitive damages. These are additional damages designed to punish reckless behavior, not just compensate you for your losses. They are not available in every personal injury case, but drunk driving is exactly the kind of willful, dangerous conduct California courts have awarded them for.

What you should know right now:

Evidence in a DUI accident case can move quickly. Toxicology results, dashcam footage, witness statements, and the official police report all need to be preserved and documented early. Insurance companies representing drunk drivers are experienced at managing these claims and will begin working their side of the case immediately.

At Cohn & Swartzon LLP, we step in from day one — taking over communication with the insurer, preserving evidence, and building the strongest possible case around every detail of what happened to you.

A consultation is always free. You speak directly with an attorney, not a case manager. And there are 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.