Orange County DUI Accident Lawyer

Last updated: October 2026 · Reviewed by Faud Haghighi, Esq., Founder & Lead Trial Attorney

How Can an Orange County DUI Accident Lawyer Help?

An Orange County DUI accident lawyer pursues a civil injury claim against the drunk or impaired driver that is separate from the criminal case, seeks every available insurance policy, and, when the evidence supports it, pursues punitive damages that California allows against intoxicated drivers.

Being hurt by an impaired driver adds anger and uncertainty to an already difficult situation. Victims often assume the criminal case will take care of them, but a prosecution’s main purpose is to punish, not to fully compensate. The Law Offices of Faud Haghighi represents people injured by drunk and drugged drivers, and families who lost someone in a DUI crash, throughout Orange County and Southern California from offices in Aliso Viejo and Tustin. Faud Haghighi handles each case personally.

How Is the Civil Case Different From the Criminal DUI Case?

The criminal case is brought by the prosecutor to punish the driver, for example for DUI causing injury (Veh. Code §23153). The civil case is brought by you to recover compensation, and it moves forward on its own timeline and with a lower standard of proof.

A conviction or guilty plea can be strong evidence in the civil case, but your claim does not depend on it, and you don’t have to wait for the criminal case to end before acting to protect your claim.

Can You Get Punitive Damages Against a Drunk Driver?

Possibly. The California Supreme Court has held that punitive damages may be awarded against an intoxicated driver whose conduct shows a conscious disregard for the safety of others (Taylor v. Superior Court (1979) 24 Cal.3d 890), which requires clear and convincing proof of malice under Civil Code §3294. Evidence such as a very high blood alcohol level, prior DUIs, or choosing to drive after heavy drinking can support that claim.

Punitive damages are paid by the driver personally: California public policy does not allow insurance to pay punitive damages awarded against a drunk driver (Peterson v. Superior Court (1982) 31 Cal.3d 147). Whether they are worth pursuing often depends on the driver’s assets.

Can a Bar or Restaurant Be Held Responsible?

Usually not. California law generally treats drinking, not serving, as the cause of a drunk driver’s crash, so bars, restaurants, and social hosts are generally not liable for serving adults (Bus. & Prof. Code §25602; Civ. Code §1714). There are two important exceptions:

• A licensed seller, such as a bar, restaurant, or store, that sells or serves alcohol to an obviously intoxicated minor can be liable if that sale causes injury or death (Bus. & Prof. Code §25602.1).
• An adult host who knowingly furnishes alcohol at their home to someone they know, or should have known, is under 21 can be liable for resulting injuries (Civ. Code §1714(d)).

An employer may also be responsible if the impaired driver was driving for work. Other sources include the driver’s auto insurance and your own uninsured/underinsured motorist coverage.

Who Pays the Injured Victim?

Usually the impaired driver’s auto liability insurance for compensatory damages, plus your own uninsured/underinsured motorist coverage if the driver had little or no insurance. Insurance generally does pay ordinary damages in a DUI crash even though the driving was criminal. If the driver fled, the claim may run through your own coverage; see hit-and-run claims. The California Victim Compensation Board also lists driving under the influence among the crimes it covers, subject to its eligibility rules (CalVCB). If the driver had little or no insurance, see uninsured motorist claims.

Under Proposition 213, a driver convicted of DUI for the crash generally cannot recover pain and suffering damages for their own injuries (Civ. Code §3333.4); that limit applies to the impaired driver, not to the people they hurt. A passenger who knowingly rode with an intoxicated driver can still recover, though their share of fault may reduce the award: $140,000 in losses with 20% fault still means $112,000.

How Are DUI Crashes Handled in Orange County?

DUI crashes in Orange County are investigated by the CHP on freeways and by city police or the Orange County Sheriff’s Department on local streets, and criminal cases are prosecuted in the Orange County Superior Court. The investigation produces evidence that matters for your civil claim, including breath or blood test results, field sobriety observations, body-camera video, and witness statements. Your civil lawsuit is also filed in the Orange County Superior Court, generally at the Central Justice Center in Santa Ana. DUI crashes often happen late at night and on weekends, on freeways and the arterials leading from restaurant and nightlife areas.

What Compensation Can a DUI Victim Recover?

The same compensatory damages as any injury case, including medical care, lost income, and pain and suffering, plus the possibility of punitive damages when the evidence shows conscious disregard for safety. DUI crashes are often high-speed or head-on collisions that cause serious injuries; see catastrophic injury claims, and if a loved one was killed, wrongful death claims. There is no reliable “average DUI accident settlement”; value depends on the injuries, the insurance available, and whether the evidence supports punitive damages and the driver has assets to pay them. Read more about what affects case value.

Does the Criminal Case Change the Deadline for a DUI Accident Claim?

No. The civil deadline is generally two years from the crash, regardless of how long the criminal case takes, so don’t wait for the criminal case to finish before acting.

This page explains California law in general terms as of October 2026. Laws change and exceptions apply, so it is not legal advice about your situation.

How Does Faud Haghighi Pursue the Civil Case Alongside the Criminal Case?

DUI cases can involve punitive damages, multiple insurance sources, and coordination with a criminal case. Faud Haghighi has practiced law in California since 2012, has handled hundreds of cases, including auto collisions, and prepares each case as if it will go to trial. He handles each case personally, obtains the police and toxicology evidence, and evaluates whether a punitive damages claim is supported. If the insurer won’t pay fair value, the case is filed in the Orange County Superior Court.

We represent DUI victims throughout Orange County and Southern California, including Newport Beach, Costa Mesa, Huntington Beach, Santa Ana, Irvine, and Laguna Niguel, as part of our Orange County personal injury practice. For crashes that did not involve impairment, see car accident claims.

Hurt by a drunk or impaired driver? Call (949) 313-7656 or request a free consultation. There is no attorney fee unless we recover for you.