If you or a loved one was injured by an intoxicated driver, you may be entitled to not only compensatory damages but also punitive damages designed to punish the drunk driver's reckless behavior. Attorney Anand Desai has 20+ years of experience fighting for victims of drunk driving accidents and will aggressively pursue every dollar you are owed.
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Drunk driving accident cases are different from typical car accident cases because the at-fault driver's decision to drive while intoxicated constitutes extreme recklessness that may entitle you to punitive damages under California Civil Code §3294. Punitive damages go beyond compensating you for your injuries — they are designed to punish the drunk driver and deter others from similar conduct. Not every attorney knows how to effectively pursue punitive damages, but Attorney Anand Desai has the trial experience to present these claims persuasively.
With 20+ years of legal experience, over 5,000 clients served, and more than 50 jury trials as a former LA County Public Defender, Anand Desai understands both sides of the criminal justice system. This background is particularly valuable in drunk driving accident cases because the criminal DUI case against the at-fault driver runs parallel to your civil claim. Evidence from the criminal case — BAC test results, field sobriety test footage, police body camera video, and the driver's admissions — can all be leveraged in your civil lawsuit.
Our firm investigates whether additional parties beyond the drunk driver may share liability for your injuries. While California's dram shop liability is limited compared to other states, there are circumstances where a bar, restaurant, or social host may bear responsibility. We also examine whether the drunk driver was on the job, operating someone else's vehicle, or had a history of DUI that should have prompted intervention.
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One of the most significant legal advantages for victims of drunk driving accidents in California is the availability of punitive damages under Civil Code §3294. Unlike compensatory damages, which are designed to make you whole for your losses, punitive damages are designed to punish the defendant and deter similar conduct. In drunk driving cases, the decision to operate a vehicle while intoxicated demonstrates the 'malice' or 'conscious disregard for the rights and safety of others' required under §3294.
California courts have consistently held that driving while intoxicated can support an award of punitive damages because it reflects a conscious disregard of the probable dangerous consequences of that conduct. The landmark case of Taylor v. Superior Court (1979) established that driving while intoxicated is sufficiently egregious to warrant punitive damages in California.
The amount of punitive damages is determined by the jury and depends on several factors: the reprehensibility of the defendant's conduct, the ratio between punitive and compensatory damages, and the defendant's financial condition. A driver with prior DUI convictions, a very high BAC, or who was also speeding or texting will face a stronger case for substantial punitive damages. While there is no formula for calculating punitive damages, awards ranging from one to ten times the compensatory damages are common in drunk driving cases. Attorney Anand Desai has the trial experience to present compelling punitive damages arguments to a jury.
When a drunk driver injures you, two separate legal proceedings typically occur: a criminal case prosecuted by the District Attorney, and a civil personal injury lawsuit filed by you (the victim). These cases are independent but interrelated. The criminal case focuses on punishing the drunk driver through fines, jail time, license suspension, and probation. The civil case focuses on compensating you for your injuries, lost wages, pain and suffering, and other damages.
A criminal conviction for DUI is not required for you to win your civil case. The burden of proof in a criminal case is 'beyond a reasonable doubt,' while in a civil case it is 'preponderance of the evidence' (more likely than not). This means that even if the drunk driver is acquitted of the criminal DUI charge, you can still win your civil lawsuit. Conversely, a criminal conviction or guilty plea can be used as evidence of negligence in your civil case, making it significantly easier to prove liability.
The criminal case can produce valuable evidence for your civil claim. BAC test results from blood draws or breathalyzers, field sobriety test results and video, police dash cam and body camera footage, the driver's statements to police, and toxicology reports are all discoverable in the civil case. Criminal restitution ordered as part of the DUI sentence may also provide some compensation, but it is typically far less than what can be recovered through a civil lawsuit. Attorney Anand Desai coordinates the timing of the civil case with the criminal proceedings to maximize the evidence available for your claim.
Many states have 'dram shop' laws that hold bars, restaurants, and liquor stores liable when they serve alcohol to an obviously intoxicated person who then causes an accident. California's approach to dram shop liability is more limited. Under California Business and Professions Code §25602, the consumption of alcohol — not the furnishing of alcohol — is generally considered the proximate cause of injuries resulting from intoxication.
However, there is a critical exception. California Business and Professions Code §25602.1 imposes liability on any person who furnishes alcohol to an obviously intoxicated minor (someone under 21). If a bar, restaurant, house party host, or any other person provides alcohol to a visibly intoxicated minor who then causes a drunk driving accident, the person who furnished the alcohol can be held liable for the resulting injuries.
Beyond statutory dram shop liability, there may be additional theories of liability against commercial establishments. If a bar or restaurant knew a patron was intoxicated and allowed them to leave in their car, or if the establishment over-served a patron in violation of its own policies or local ordinances, there may be grounds for a negligence claim. Social hosts who provide alcohol to obviously intoxicated adult guests generally are not liable under California law, but social hosts who provide alcohol to minors can be held responsible. Attorney Anand Desai evaluates every potential source of liability in drunk driving accident cases.
Blood alcohol concentration (BAC) evidence is often the centerpiece of a drunk driving accident claim. In California, a BAC of .08% or higher creates a legal presumption of intoxication for purposes of the criminal DUI law (Vehicle Code §23152). In your civil case, BAC evidence serves a different but equally important function: it demonstrates the degree of the driver's impairment and the recklessness of their decision to drive.
A BAC of .08% means the driver's reaction time, judgment, and motor control are significantly impaired. At .10%, impairment is more pronounced. At .15% or higher, the driver is severely impaired and poses an extreme danger on the road. The higher the BAC, the stronger the case for punitive damages because it demonstrates a greater degree of conscious disregard for the safety of others.
BAC evidence can come from blood tests administered by law enforcement at the scene or at the hospital, breathalyzer results, or hospital blood draws taken for the purpose of the driver's own treatment. Even if the driver refused a chemical test, evidence of impairment can be established through field sobriety test results, the officer's observations of slurred speech, bloodshot eyes, the odor of alcohol, and erratic driving behavior. In some cases, retrograde extrapolation by a toxicology expert can estimate what the driver's BAC was at the time of the accident based on a blood test taken hours later. This evidence is critical for both establishing liability and supporting a punitive damages claim.
Drunk driving accidents in the Glendale and Los Angeles area take many forms. Head-on collisions caused by wrong-way drunk drivers on freeways and divided highways are among the most catastrophic. The 134 freeway, 2 freeway, and surface streets throughout Glendale see these wrong-way incidents, particularly late at night and on weekends when impaired driving peaks.
T-bone collisions at intersections occur when drunk drivers run red lights or stop signs. The impaired driver's delayed reaction time and poor judgment cause them to enter intersections against the signal, striking crossing traffic broadside. Rear-end collisions are common when intoxicated drivers fail to notice stopped traffic ahead, slamming into vehicles at full speed. Pedestrian and cyclist strikes by drunk drivers are particularly devastating because the vulnerable road user has no protection.
Drunk driving accidents are more likely to occur between midnight and 3 AM, on weekends, and around holidays and major events. Areas with concentrations of bars and restaurants — such as Brand Boulevard in downtown Glendale, Colorado Boulevard in Old Town Pasadena, and the entertainment districts of Hollywood and Downtown LA — see higher rates of drunk driving collisions. However, drunk driving accidents can occur anywhere at any time. If you have been injured by a drunk driver anywhere in the greater Los Angeles area, Anand Desai Law is here to help.
Victims of drunk driving accidents are entitled to the full spectrum of compensatory damages: economic damages for all care costs, hospitalization, surgery, rehabilitation, prescription medications, assistive devices, lost wages, loss of future earning capacity, and other out-of-pocket expenses. Non-economic damages cover pain and suffering, emotional distress, anxiety, depression, post-traumatic stress disorder, loss of enjoyment of life, disfigurement, and loss of consortium.
The availability of punitive damages makes drunk driving accident cases potentially more valuable than other car accident cases with similar injuries. Punitive damages are determined by the jury based on the reprehensibility of the defendant's conduct and their financial condition. A drunk driver who had prior DUI convictions, an extremely high BAC, or who was also texting or speeding will face a stronger case for substantial punitive damages.
In wrongful death cases caused by drunk drivers, the surviving family members can seek compensation for funeral and burial expenses, loss of the decedent's expected income and financial support, loss of love, companionship, comfort, care, assistance, and guidance, and the pain and suffering the decedent experienced before death. Additionally, if the drunk driver is convicted criminally, the court may order criminal restitution to the victim, though this is typically much less than what a civil lawsuit can recover. Past results do not guarantee future outcomes. Every case is evaluated on its individual facts and circumstances.
Yes. If you were injured by a drunk driver, you have the right to file a civil personal injury lawsuit against them, regardless of whether criminal charges are filed or what happens in the criminal case. Your civil case is separate from the criminal DUI prosecution. In the civil case, you can recover compensatory damages for your injuries, lost wages, and pain and suffering, as well as punitive damages designed to punish the drunk driver's reckless conduct. Attorney Anand Desai has 20+ years of experience pursuing maximum compensation for drunk driving accident victims.
Punitive damages are additional damages awarded by a jury to punish a defendant whose conduct was especially reckless or malicious and to deter similar conduct. Under California Civil Code §3294, driving while intoxicated can constitute 'conscious disregard for the rights and safety of others,' which supports a punitive damages award. Punitive damages are in addition to your compensatory damages for injuries, lost wages, and pain and suffering. The amount is determined by the jury based on the reprehensibility of the conduct and the defendant's financial condition.
California's dram shop liability is more limited than many other states. Under Business and Professions Code §25602, the consumption of alcohol — not the furnishing — is generally considered the cause of injuries. However, under §25602.1, anyone who furnishes alcohol to an obviously intoxicated minor can be held liable if that minor causes a drunk driving accident. There may also be negligence claims against establishments that violated their own policies or local ordinances by over-serving a patron. Attorney Anand Desai evaluates all potential sources of liability.
The criminal and civil cases are separate proceedings, but they are interrelated. A criminal DUI conviction can be used as evidence of negligence in your civil case, making it easier to prove liability. Evidence from the criminal case — BAC results, field sobriety test footage, police reports, and the driver's statements — can be obtained for use in your civil claim. You do not need a criminal conviction to win your civil case because the civil burden of proof (preponderance of the evidence) is lower than the criminal standard (beyond a reasonable doubt).
If the drunk driver is uninsured or underinsured, you can file a claim under your own uninsured/underinsured motorist (UM/UIM) coverage. California Insurance Code §11580.2 requires all auto policies to include UM coverage unless specifically rejected. Your UM/UIM coverage compensates you for injuries, lost wages, and pain and suffering up to your policy limits. Note that punitive damages are generally not recoverable through UM/UIM claims. If the driver has any assets, a civil judgment can be enforced through wage garnishment, property liens, and other collection methods.
BAC evidence demonstrates the degree of the driver's impairment and the recklessness of their decision to drive. A BAC of .08% or higher establishes legal intoxication in California. Higher BAC levels — .15%, .20%, or above — show increasingly reckless conduct that strengthens your case for punitive damages. BAC evidence comes from blood tests, breathalyzers, or hospital blood draws. Even if the driver refused testing, impairment can be proven through field sobriety tests, officer observations, and toxicology expert testimony. Attorney Anand Desai uses all available evidence to maximize your recovery.
The statute of limitations for personal injury from a drunk driving accident in California is two years from the date of the accident under Code of Civil Procedure §335.1. Wrongful death claims also have a two-year statute of limitations from the date of death. If a government entity is involved, an administrative claim must be filed within six months. Do not wait to file your claim — critical evidence including BAC results, surveillance footage, and witness memories can be lost over time. Contact Anand Desai Law at (833) 270-7800 promptly after a drunk driving accident.
Yes. California law allows drunk driving accident victims to recover damages for emotional distress as part of their non-economic damages. This includes anxiety, depression, post-traumatic stress disorder (PTSD), fear of driving, insomnia, nightmares, and the overall emotional impact of the accident on your life. Many drunk driving accident victims experience significant psychological trauma beyond their physical injuries. Documentation from mental health professionals, therapists, and counselors supports these claims. The egregious nature of drunk driving often leads juries to award substantial emotional distress damages.
If you were a passenger in a vehicle operated by a drunk driver who caused an accident, you have the right to file a personal injury claim against the driver. As a passenger, you bear no fault for the drunk driving accident. You can pursue compensation from the drunk driver's auto insurance policy, and if that policy is insufficient, from your own UM/UIM coverage. Being a passenger in a drunk driver's car does not diminish your right to compensation unless you actively encouraged the reckless driving. Contact Anand Desai Law for a free consultation about your rights.
Anand Desai Law handles all drunk driving accident cases on a contingency fee basis. You pay nothing upfront — no consultation fee, no retainer, and no hourly charges. We advance all costs of investigation and litigation. We only collect a fee if we successfully recover compensation for you. If we do not win your case, you owe us nothing. Given the potential for punitive damages in drunk driving cases, having an experienced trial attorney is essential to maximizing your recovery. Call (833) 270-7800 for a free, no-obligation consultation.
Anand Desai is a dedicated personal injury attorney serving Glendale and the greater Los Angeles area. A graduate of Loyola Law School with an undergraduate degree from USC, Anand has been a member of the California State Bar (#249768) since 2007, bringing 20+ years of legal experience to every case he handles.
Anand specializes in personal injury law, with particular expertise in car accidents, motorcycle accidents, truck accidents, and catastrophic injury cases. His deep understanding of California personal injury law, combined with his tenacious negotiation skills, has helped him secure millions of dollars in settlements and verdicts for his clients.
What truly sets Anand apart is his commitment to his community. His firm is one of the only law offices in Glendale that offers services in 11 languages, including Spanish, Armenian, Hindi, Gujarati, Korean, Tagalog, Farsi, Mandarin, Japanese, Vietnamese, and English — reflecting the rich diversity of the communities he serves.
“I fight for every client like they’re family. When you hire me, you’re not just getting a lawyer — you’re getting someone who genuinely cares about your recovery and your future.”
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