What Are the Legal Liabilities for a Driver in a DUI Accident?

When a driver makes the reckless and selfish decision to get behind the wheel while under the influence of alcohol or drugs, they are not just breaking the law—they are creating a mobile weapon. If that impaired driver causes an accident, the consequences they face are far more severe than in a typical collision.

A standard car accident is a matter of negligence, handled in the civil justice system. A DUI accident, however, is unique because it triggers two separate and simultaneous legal battles for the intoxicated driver:

1. A Criminal Case: Brought by the State of Washington for the crime of driving under the influence.
2. A Civil Lawsuit: Brought by the victims for the damages and injuries the driver caused.

The legal liabilities are immense, covering everything from jail time and hefty fines to massive financial responsibility for the lives they have shattered. Understanding these dual consequences is key to grasping the full gravity of a DUI-related crash.

Useful Information for You: In a Nutshell

• Two Legal Battles: A DUI driver faces both criminal charges from the state and a civil lawsuit from the victims they injured.
• Criminal Penalties are Severe: These include mandatory jail time, thousands of dollars in fines, a lengthy driver’s license suspension, and the requirement of an ignition interlock device.
• Civil Liability is Often Overwhelming: The drunk driver is financially responsible for all damages they cause, including medical bills, lost wages, and pain and suffering.
• Negligence is Easier to Prove: The driver’s intoxication is powerful evidence of negligence, making it much easier for the victim to prove fault in a civil claim.
• Punitive Damages May Be Possible: While rare in Washington, the egregious nature of a DUI may, in some circumstances, open the door to punitive damages designed to punish the driver.

Liability #1: The Criminal Case (The State vs. The Driver)

As soon as a police officer at a Tacoma accident scene suspects a driver is impaired, a criminal investigation begins. If the driver fails a field sobriety test or a breathalyzer shows a Blood Alcohol Content (BAC) of .08% or higher, they will be arrested for Driving Under the Influence (DUI).

The criminal penalties in Washington State are harsh, even for a first offense, and they escalate dramatically if the DUI resulted in an accident with injuries.

• Jail Time: Mandatory jail sentences are imposed, ranging from one day to many years in prison for a vehicular assault or vehicular homicide conviction.
• Fines and Fees: Fines can range from hundreds to many thousands of dollars.
• License Suspension/Revocation: A lengthy license suspension is mandatory.
• Ignition Interlock Device: The driver will be required to install a device in their car that prevents it from starting if they have been drinking.
• A Permanent Criminal Record: A DUI conviction creates a criminal record that can impact employment, housing, and more for the rest of their life.

It is crucial to understand that these criminal penalties are a punishment from the state; they do not directly compensate the victim.

Liability #2: The Civil Case (The Victim vs. The Driver)

This is where the victim seeks financial compensation for their losses. The victim (or their family) can file a personal injury lawsuit against the DUI driver. Because the driver was breaking the law by being intoxicated, proving negligence is often much more straightforward than in a standard accident case.

The DUI driver is civilly liable for all damages they caused, including:

• Economic Damages: All medical bills (past and future), lost wages, and property damage to your vehicle.
• Non-Economic Damages: This is often the largest part of the claim. It is compensation for the victim’s physical pain and suffering, emotional distress, and loss of enjoyment of life.

The fact that the driver was intoxicated is a powerful factor that can significantly increase the value of the non-economic damages, as a jury will have very little sympathy for their reckless behavior.

The Role of Punitive Damages

In most Washington State personal injury cases, punitive damages (money awarded purely to punish the defendant) are not allowed. However, the law makes some exceptions. While still rare, the egregious and willful misconduct of a drunk driver can sometimes open the door for a jury to award punitive damages in addition to the victim’s compensatory damages.

A DUI accident is not just a mistake; it is a reckless choice that carries severe and life-altering liabilities. If you or a loved one has been the victim of a drunk driver in the Tacoma area, you have the right to hold them fully accountable. Search the Car Accident Lawyer Directory Tacoma to find and compare trusted local attorneys who specialize in DUI accident cases. They can help you navigate the civil justice system to secure the maximum compensation you deserve while the criminal justice system holds the driver accountable for their crime.

References

• Revised Code of Washington (RCW 46.61.502) – Driving under the influence:The official state law that defines the crime of DUI and outlines the base-level criminal penalties.

  https://app.leg.wa.gov/rcw/default.aspx?cite=46.61.502

• Revised Code of Washington (RCW 46.61.520 & .522) – Vehicular Homicide and Assault:The state laws that define the felony charges and severe penalties when a DUI driver causes the death or serious injury of another person.

  https://app.leg.wa.gov/rcw/default.aspx?cite=46.61.520

• Washington State Traffic Safety Commission (WTSC) – Impaired Driving:Official state resource providing data and information on the consequences of drunk driving in Washington.

  https://wtsc.wa.gov/programs-priorities/impaired-driving/