Whether you are the victim of a drunk driver’s recklessness, or  arrested for driving under the influence (DUI),  there are complex Criminal and Civil consequences which may follow.

Any impaired driver involved in a car accident must not only be concerned with arrest, but financial liability for his/ her recklessness.  Conversely, the victim of a drunk driving accident has several avenues to recover against the driver, or others responsible, for such financial liability such as damages, medical bills, and associated costs and fees.  Needless to say, both parties should consult an attorney to protect their interests.  We have successfully handled many personal injury accident cases for victims of drunk drivers and there are many evidentiary issues to tackle, and use to your legal advantage.

As a DUI defendant, besides statutory penalties, insurance companies may also complicate the matter by potentially adjusting your rates after the accident.

Current law permits the victim of a car accident to recover damages against the driver.  However, if the driver was under the influence at the time of the accident, your posture/ability to recover against the driver may increase dramatically.  In this situation, the driver’s negligence/ recklessness exposes him greater scrutiny from a judge or jury than in the case of a normal car accident defendant.  The insurance company or adjuster handling the defense of these claims understands the “uphill battle” that defending these types of cases will bring.

Those arrested for DUI must be concerned about the potential criminal and civil consequences.  Aside from a potential prison sentence, heavy fines, the potential of losing your driver’s license, and the installation of a breathalyzer in your vehicle, the driver must confront the damage he caused to the victim.

If you are stopped you should:

1.  Pull over as soon as is safe.

2.  Have driver’s license, registration and insurance card readily available.

  • A helpful hint:Keep a copy of the registration and insurance card on 1 or 2 large paper clips at the very front of your glove compartment.  Many traffic stops escalate to DUI investigations if an officer thinks you are fumbling around for documents.  Have all documents ready in advance.

3.  Do not argue with the officer.  This is not a courtroom.

4.  Do not refuse to sign a citation.  Refusing to sign is an arrestable offense.

5.  Accept the citation and ask permission to leave, then leave.

6.  Call the attorneys at Gimenez and Carrillo  for your legal representation.

If you are a victim of a drunk driver’s negligence you should:

1.  Call police immediately.

2.  Get witness information (name, telephone number, etc.)

3.  Take pictures, get other driver’s information.

4.  Do not make a settlement with the other driver, or insurance company; nor sign any documents or releases without consulting an attorney.

  • A helpful hint: Many times insurance companies will try offer you money after an accident that may seem like a lot, but you might be selling yourself short if you accept this offer because your case may be worth much more, and you will lose your right to try and recover any further money.

5.  Seek medical treatment as soon as possible.

6.  Call the attorneys at Gimenez and Carrillo for your legal representation.


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