What are the differences between civil drunk driving lawsuits and criminal DUI charges in Yuma?

Yuma, AZ – When a person causes a motor vehicle crash while they are intoxicated, it is possible that they will both be arrested and made to pay compensation to the victim through a civil lawsuit. However, the process for each is fairly different and accident victims may want to get legal representation to assist with holding the driver accountable for causing their injuries. 

Attorneys near me can provide additional information about these matters and guidance throughout the lawsuit. 

Criminal drunk driving cases

A criminal case for offenses related to drunk driving is brought by the government, and this process is mostly outside of the victim’s control. The suspect will be charged and arrested after they are caught, and they face consequences such as a loss of driver’s license, fines, probation, substance abuse treatment, and jail time. Whether a conviction is secured by the government can depend on how thoroughly the police investigated the crime, the strength of their evidence, and if any mistakes were made during this process. 

Accident lawsuits against drunk drivers

Anyone who is responsible for an accident may face lawsuits from victims in civil court. These cases are filed by the person who was injured for monetary compensation only. The lawsuit can also be brought even if the person was never formally charged or convicted for any offense related to drunk driving. It is also only necessary to prove that a driver was negligent in some manner, and the specific issue of intoxication or drunk driving may not be crucial to this process if the driver was engaged in other reckless or illegal actions or violated traffic laws. In most situations involving motor vehicle crash lawsuits, there will be a settlement where the victim is paid a fair amount for their losses, especially if it is clear that the defendant broke the law and caused the injuries in question.

Burdens of proof

Civil cases have a lower burden of proof than criminal charges. The state must prove all elements of a crime beyond all reasonable doubt, but in a civil case, the plaintiff needs to prove each element of negligence by a preponderance of evidence. In practice, this means that it is possible or even likely that a person who pays out an auto accident settlement may not have been convicted in a criminal trial.

Arizona accident attorneys

Schneider and Onofry is a firm that works with local clients in the Yuma area. Anyone who needs to meet with an accident lawyer can contact them to schedule a meeting and discuss the possibility of a civil lawsuit for compensation.

USAttorneys.com is an attorney referral service that can be reached directly with questions about finding a lawyer at 800-672-3103

Firm contact info:

Schneider & Onofry, P.C.

207 W. 2nd St., Yuma AZ 85364

928-257-4887

soarizonalaw.com