Legal Support When You Need It Most

If you’ve been seriously injured or lost someone you love due to a drunk driver’s negligence, you have the legal right to seek justice. While the state may pursue criminal charges against the intoxicated driver, you can also pursue financial compensation through a civil personal injury or wrongful death claim. Led by attorney Ben Swanson, who connects personally with each client, our team helps victims of drunk driving accidents in Thousand Oaks or Westlake Village navigate the legal process and prepares you for life beyond the accident, with the tools, mindset, and resources to move forward.

California Drunk Driving Statistics

Drunk driving remains a serious and deadly issue in California, contributing to thousands of injuries and fatalities every year.

According to the California Office of Traffic Safety (OTS), impaired driving is one of the leading causes of traffic deaths in the state. In 2021 alone, alcohol-impaired driving was responsible for 1,370 deaths on California roadways.

Nationally, the National Highway Traffic Safety Administration (NHTSA) reports:

  • Over 13,000 people died in drunk driving crashes in 2021, with California consistently ranking among the states with the highest numbers
  • Many of these deaths involved drivers with a blood alcohol concentration (BAC) of 0.08% or higher, which is the legal limit in California

What Are California’s Drunk Driving Laws?

Under California Vehicle Code § 23152, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher for most drivers. For commercial drivers, the legal limit is 0.04%, and for drivers under the age of 21, any detectable amount of alcohol (0.01% or more) violates the state’s zero-tolerance law.

A first-time DUI offense in California can result in penalties including:

  • Fines and fees exceeding $1,000
  • License suspension for 4–10 months
  • Up to six months in jail
  • Mandatory DUI education programs
  • Installation of an ignition interlock device (IID) in many cases (California DMV)

Repeat offenses or DUIs that result in injury or death carry harsher penalties. For example, a DUI that causes bodily injury may be charged as a felony, with consequences including extended prison time and a longer license suspension (California Legislative Information).

California also participates in the Admin Per Se (APS) program, which allows law enforcement to confiscate a driver's license immediately after a DUI arrest, regardless of whether a conviction follows. Drivers have only 10 days to request a hearing to contest the suspension.

This is important because a DUI conviction can be used as evidence of negligence in civil court if the intoxicated driver causes a crash that results in injury or death.

Who Can Be Held Legally Liable for Drunk Driving Accidents?

In California, the primary person held legally liable for a drunk driving accident is the intoxicated driver. If their negligence caused injury, death, or property damage, they can face both criminal penalties and civil liability. Victims have the right to pursue financial compensation through a personal injury or wrongful death lawsuit, regardless of any criminal proceedings.

However, the drunk driver is not always the only party who may be held responsible. In certain circumstances, other individuals or entities may also bear legal liability, including:

Bars, Restaurants, or Social Hosts

  • Although California’s dram shop laws are limited, a business that serves alcohol to a clearly intoxicated minor under 21 may be held liable if that minor causes injury or death in a DUI crash (California Civil Code §1714(d))
  • Social hosts who knowingly provide alcohol to minors may also face civil responsibility

Employers

If a drunk driver was acting within the scope of employment at the time of the crash—such as a delivery driver or commercial vehicle operator—their employer may be held vicariously liable under the legal doctrine of respondeat superior

Vehicle Owners

Under California's “negligent entrustment” doctrine, a person who knowingly allows someone unfit (e.g., intoxicated, unlicensed) to drive their vehicle can also be held financially responsible if that driver causes harm

Event Organizers or Property Owners

In rare cases, liability may extend to individuals or businesses that host or sponsor events where alcohol is served without proper precautions, particularly if minors are involved

Compensation in California Drunk Driving Accident Cases

If a drunk driver has injured you or a loved one, you may be entitled to compensation for:

  • Medical expenses, including emergency care, surgeries, hospitalization, physical therapy, and future medical needs
  • Lost income for missed work, reduced earning capacity, or permanent disability
  • Pain and suffering for physical pain, emotional trauma, and diminished quality of life
  • Property damage, including vehicle repairs or replacement
  • Loss of consortium for the impact on relationships with a spouse or family
  • Wrongful death damages for funeral costs, loss of financial support, and emotional loss if a loved one was killed

In some cases, California courts may also award punitive damages. These are not tied to the victim’s losses, but rather serve to punish the drunk driver for especially reckless or egregious behavior and to deter similar conduct in the future.

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The Swanson Law Group: From Crisis to Control

Not all personal injury firms are built the same. Some push clients toward fast settlements, cookie-cutter treatments, and one-size-fits-all legal strategies without truly understanding the depth of what’s been lost.

At The Swanson Law Group, our mission goes beyond legal representation. Whether you need a drunk driving attorney in Thousand Oaks or Westlake Village, we help you recover physically, emotionally, and financially, guiding you toward long-term stability and empowerment. Founding attorney Ben Swanson, Esq., personally invests time with clients before and after their cases, offering insights not only into the law but into what it takes to reclaim your future with strength and purpose.

We’re here to help. Contact us today to book your consultation and learn more about your legal rights and options.

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