This page was written and reviewed by Michael J. Cefali, Esq. Attorney Cefali is a founding partner of Cefali & Cefali, APC, based in San Juan Capistrano, CA. He holds a Juris Doctor from Chapman University Fowler School of Law and a B.A. in Global Studies & Maritime Affairs from the California Maritime Academy. Widely recognized for his advocacy in personal injury law, he has secured multi-hundred-thousand-dollar settlements in motorcycle accidents, hit-and-runs, and red-light collision cases. He maintains a perfect 10.0 “Superb” rating on Avvo.
Beyond his legal practice, Mr. Cefali actively supports his community through the Rotary Club of San Juan Capistrano, contributes to housing and meal programs for those in need, and enjoys fishing and spending time with his rescue dogs.
The date below reflects when this page was last reviewed for accuracy. Please see our Editorial Guidelines.
Driving under the influence is one of the leading causes of serious and deadly car accidents in Laguna Niguel and across Orange County. A drunk or drugged driver can cause catastrophic injuries, property damage, or even wrongful death, leaving victims with medical bills, lost wages, and emotional pain.
Cefali & Cefali Personal Injury Lawyers help you hold the drunk driver responsible for your injuries and losses. Our Laguna Niguel DUI accident lawyers represent the people injured by impaired drivers, not the drivers themselves, protecting your rights and helping you recover full compensation. Call (949) 325-7790 for a free consultation, available 24/7. No fee unless we win.
We understand how a DUI crash upends your life, and we guide you through the civil claim process with care while you focus on healing. To learn how these claims work, see our guide on whether you can sue a drunk driver.
California DUI Laws and Why They Matter to Your Claim
California has strict laws against driving under the influence of alcohol or drugs. While the criminal case punishes the driver, those same laws help prove fault in your civil injury claim. The key sections:
Driving Under the Influence
Under California Vehicle Code section 23152, it is illegal to operate a vehicle while impaired by alcohol, drugs, or both, and a blood alcohol concentration (BAC) of 0.08 percent or higher is over the legal limit. Police use field sobriety tests, chemical testing, or blood samples to determine intoxication.
DUI Causing Injury
Under California Vehicle Code section 23153, it is a serious offense when impaired driving causes injury to another person. This can lead to felony DUI charges and, separately, civil liability for the injuries or death the driver caused.
Civil Liability for DUI Drivers
Beyond criminal charges, a drunk driver can be sued in civil court for damages. Victims can recover compensation for medical expenses, property damage, pain and suffering, and lost wages. Even if the driver is acquitted in criminal court, a separate personal injury lawsuit can still hold them financially accountable, because the civil standard of proof is lower.
The Difference Between Criminal and Civil DUI Cases
A DUI crash can lead to both a criminal prosecution and a civil injury claim. They are separate cases with different goals, and as a personal injury firm we handle the civil side, recovering compensation for the people who were hurt.
The Criminal Case
The criminal case is brought by the state to punish the driver for breaking California's DUI law. Prosecutors use toxicology results, BAC tests, and field sobriety tests to prove guilt, and penalties can include jail, fines, or loss of driving privileges. This case does not put money in the victim's pocket.
The Civil Case
The civil case is what compensates you for your losses. You or your attorney file an insurance claim or personal injury lawsuit to recover damages for medical bills, vehicle repairs, lost wages, and pain and suffering, and to hold the drunk driver accountable for the long-term effects of the crash. This is the case Cefali & Cefali handles.
Why You Need a Civil Attorney Even if the Driver Is Convicted
A criminal conviction punishes the driver, but it does not pay your medical bills or lost wages. To recover those, you still need a civil attorney to pursue the at-fault driver's insurance. In fact, a conviction usually helps your civil case, because it establishes the driver's wrongdoing.
Common Injuries in DUI Accidents
Because impaired drivers often fail to brake or react, DUI crashes tend to be high-energy and cause serious, long-lasting harm.
Head and Brain Injuries
Head injuries are common in DUI crashes and can lead to traumatic brain injury, memory problems, or permanent disability. Many victims suffer headaches, dizziness, or trouble concentrating for months, and severe trauma can affect mood, behavior, and the ability to work.
Spinal Cord Injuries
A DUI crash can damage the spinal cord, resulting in partial or total paralysis. These catastrophic injuries require lifelong medical care, and victims may lose movement or sensation, making basic tasks difficult and requiring long-term therapy.
Broken Bones and Fractures
Victims often suffer fractures in the arms, legs, or ribs, and recovery may involve surgery and months of rehabilitation. Some fractures never heal properly, leading to chronic pain or limited mobility, missed work, and costly medical bills.
Internal Organ Damage
The force of a DUI crash can injure internal organs, causing internal bleeding that often requires emergency surgery. Damage to the liver, lungs, or kidneys can become life-threatening without immediate care, and victims may face ongoing or permanent health problems.
Emotional and Psychological Trauma
Beyond physical harm, many survivors experience anxiety, depression, or post-traumatic stress, including a fear of driving, nightmares, or mood changes. Emotional trauma is a real part of an injury claim and is compensable as non-economic damages.
Proving Negligence in a DUI Accident Claim
To win an injury claim, your car accident lawyer must prove that the drunk driver's actions caused your injuries and losses.
Establishing Liability
To win compensation, your attorney must prove four elements:
Duty of care: the driver had a legal obligation to drive safely.
Breach of duty: the driver operated under the influence of alcohol or drugs.
Causation: the driver's impairment directly caused your injuries.
Damages: you suffered financial, physical, or emotional losses.
A DUI also supports a claim for punitive damages under Civil Code section 3294, because driving drunk is generally treated as the kind of conscious disregard for safety that justifies punishing the driver beyond ordinary compensation.
Evidence Commonly Used
Police reports: contain details of the crash and the officer's DUI findings.
Blood or breath test results: show blood alcohol concentration and confirm intoxication.
Witness statements: support claims about reckless or impaired driving.
Toxicology results: from chemical testing, especially for drug impairment.
Vehicle damage photos and scene evidence: help prove impact and fault.
The Role of a DUI Conviction in Your Claim
A criminal conviction strengthens your civil case: it shows the driver violated DUI law, which helps prove fault and can speed up negotiations with the insurer since liability is already established. It often increases your chances of a higher recovery for medical expenses, lost wages, and pain and suffering.
Wrongful Death Claims in DUI Accidents
When a DUI crash causes a death, surviving family can file a wrongful death lawsuit to recover for their emotional and financial losses.
Who Can File
Under California Code of Civil Procedure section 377.60, the surviving spouse or domestic partner and children may file, and if there is none, those who would inherit by intestate succession, such as parents. The estate's representative may also bring a survival action for the losses the deceased suffered before death.
Types of Compensation in Wrongful Death Cases
Type of Loss
What It Covers
Economic Damages
Funeral and burial costs, lost financial support, and lost household services
Non-Economic Damages
Loss of the deceased's love, companionship, care, and guidance
Punitive Damages
Punishment for the drunk driver's reckless conduct, under Civil Code 3294
Statute of Limitations for Wrongful Death
Under California Code of Civil Procedure section 335.1, you generally have two years from the date of death to file. Missing this deadline usually means losing the right to seek compensation, so it is important to contact an attorney as soon as possible so evidence can be preserved and every deadline met.
California's Pure Comparative Negligence Rule
California uses pure comparative negligence, so each party's share of fault affects their recovery, but even a partly-at-fault victim can still recover.
What It Means for Victims
If you are found partly at fault, your compensation is reduced by your percentage of fault, but not eliminated, and there is no cutoff. For example, if you were 20 percent at fault, you still recover 80 percent of your damages. This lets injured people recover even when responsibility is shared.
Why This Rule Matters in DUI Cases
Even when a drunk driver clearly caused the crash, the insurer may still argue you shared some blame to cut its payout. A skilled Laguna Niguel car accident lawyer pushes back with the evidence and protects your right to a full recovery. Understanding this rule helps you know what to expect when filing a claim in an Orange County DUI case.
How a Laguna Niguel DUI Accident Lawyer Can Help
An experienced personal injury attorney knows how to turn the DUI evidence into a strong civil claim and stand up to the insurance company on your behalf.
Investigating the Accident
Your lawyer gathers the blood or breath test, field sobriety, and toxicology results to prove impairment, and works with experts if drug impairment is involved. They review police reports, witness statements, and DMV records to show the drunk driver caused the crash and your injuries.
Calculating the Full Value of Your Claim
They account for all medical bills, lost wages, and vehicle repair costs, plus long-term care for catastrophic injuries, and factor in emotional losses like pain and suffering, so no loss is overlooked in settlement talks.
Handling Insurance Negotiations
Dealing with the insurance company can be stressful. Your attorney manages all communication so adjusters cannot undervalue your claim, responds to low offers, and uses the toxicology and BAC evidence to prove liability, so you can focus on recovery.
Representing You in Court
If a fair settlement cannot be reached, your attorney takes the case to trial, presenting the evidence to a judge or jury to show how the drunk driver caused your injuries. We work on a contingency fee basis, so you pay nothing unless we win your case.
Frequently Asked Questions About DUI Accidents in Laguna Niguel
What should I do after a DUI crash in Laguna Niguel?
Call 911, get medical help, gather evidence such as photos and witness information, and contact a Laguna Niguel DUI accident attorney right away. Avoid giving a recorded statement to the other driver's insurer first.
Can I still file a claim if the driver faces DUI charges?
Yes. Your civil injury claim is completely separate from the criminal DUI case, and you can pursue it regardless of what happens in criminal court. A conviction often helps your civil claim.
Can I recover extra (punitive) damages from a drunk driver?
Often yes. Because driving under the influence shows a conscious disregard for others' safety, California courts frequently allow punitive damages under Civil Code section 3294 in DUI cases, on top of your compensatory damages.
Can I sue a bar for serving the drunk driver?
Usually not. California law generally makes drinking, not serving, the cause of a DUI crash, so bars and social hosts are typically protected from liability. The main exception is a business or person who serves an obviously intoxicated minor, under Business and Professions Code section 25602.1. An attorney can tell you whether this narrow exception applies to your case.
How long do I have to file a DUI injury claim?
Generally two years from the crash date under Code of Civil Procedure section 335.1. If a government entity is involved, an administrative claim may be due within six months.
Schedule a Free Consultation with Our Laguna Niguel DUI Accident Lawyer
Cefali & Cefali Personal Injury Lawyers help victims of drunk and drugged driving recover and rebuild. We serve clients across Orange County and Southern California who were hurt in car accidents, pedestrian accidents, bicycle accidents, truck accidents, or rideshare accidents caused by someone else's negligence. You can also learn more about Orange County personal injury cases on our main page.
We understand how painful recovery can be, emotionally, physically, and financially. Let our experienced car accident lawyers handle your case while you focus on healing. Call (949) 325-7790 or contact us today for a free consultation. No fee unless we win.
Michael Cefali is a dedicated accident attorney based in San Juan Capistrano, California, committed to securing justice and fair compensation for accident victims.
A graduate of Newport Harbor High School, he went on to earn his Bachelor’s degree in Global Studies and Maritime Affairs from the California Maritime Academy, followed by his Juris Doctor from Chapman University School of Law.
Deeply invested in his community, Michael is an active member of the Rotary Club of San Juan Capistrano, contributing to efforts that provide meals, housing, and support to those in need. Outside of his legal work and volunteer service, he enjoys fishing in Dana Point and spending time with his three rescue dogs—a Chihuahua, a Spaniel mix, and a Shepherd mix.
Driven by his strong belief in justice and fairness, Michael remains steadfast in advocating for individuals harmed by the negligence or inaction of others.
