Written by Collin Melancon, personal injury attorney at Mansfield Melancon Injury Lawyers.
Halloween weekend produces more DUI arrests than almost any other weekend of the fall in Louisiana, and if you were hurt by an impaired driver this weekend, you’re probably getting conflicting information about what happens next. Here’s the short answer: a DUI triggers two entirely separate legal processes in Louisiana. The state prosecutes the driver criminally, and separately, you can pursue a civil personal injury claim against that same driver for your medical bills, lost wages, and pain and suffering. They run independently, and you usually have two years to file the civil claim regardless of how the criminal case turns out.
Understanding the difference matters, because a lot of people wait on the wrong process, or assume the wrong one determines their compensation.
Is a DUI Criminal or Civil? The Criminal Case Is About Punishment, Not Compensation
When police arrest a driver for DUI, that case proceeds through the criminal court system, where the state — not you — is the party pursuing the charge. A conviction can result in fines, license suspension, or jail time, but none of that money goes to you as the injured person. Restitution is sometimes ordered in criminal cases, but it’s typically limited and not a substitute for a full personal injury claim.
The Civil Case Is Where Your Compensation Comes From
Your civil claim exists independently of the criminal case, uses a lower burden of proof, and is the process through which you actually recover money for your medical treatment, lost income, and pain and suffering. You don’t need to wait for the criminal case to conclude before filing a civil claim, and in most situations, it’s better not to wait, since evidence and witness memories are freshest early on.
Why the Criminal Case Still Helps Your Civil Claim
A DUI conviction, or even just the arrest and blood alcohol evidence, becomes powerful supporting evidence in your civil case. It’s much harder for an insurance company to dispute fault when there’s an official record establishing the other driver was impaired at the time of the crash. This is one of the few situations where a criminal proceeding directly strengthens a related civil claim rather than simply running alongside it.
What Happens If the Criminal Case Gets Dismissed or Pled Down
A dismissed DUI charge or a plea to a lesser offense doesn’t end your civil claim. The civil case uses a different, lower standard of proof than a criminal conviction requires, meaning you can still succeed in recovering compensation even where the criminal prosecution didn’t result in a DUI conviction.
Frequently Asked Questions
Is a DUI a criminal case or a civil case in Louisiana?
Both. The state pursues a separate criminal case against the driver, while you can pursue a separate civil personal injury claim for your own compensation. The two processes run independently.
Do I need to wait for the criminal case to finish before filing my injury claim?
No. You can generally file a civil claim right away, and in most situations it’s better not to wait, since evidence and witness accounts are strongest early on.
Does it hurt my case if the DUI charge gets dismissed or reduced?
Not necessarily. Civil claims use a lower burden of proof than criminal cases, so you can still succeed in your claim even if the criminal charge doesn’t result in a conviction.
How long do I have to file a civil claim after being hit by a drunk driver in Louisiana?
You usually have two years from the date of the crash under Louisiana law to file a personal injury claim.
If a drunk driver hurt you this Halloween, your civil claim doesn’t have to wait on the criminal case. Call us — the consultation is free, and you pay nothing unless we win.