Does the Criminal Conviction of a Drunk Driver Impact Your Civil Claim?

 Posted on November 06, 2025 in Car Accident

Last month, a tragedy made headlines in Larimer County when a suspected drunk driver went the wrong way on U.S. Highway 287 and caused a fiery head-on collision that killed two people. Sadly, crashes like this happen far too often in Colorado, leaving victims and families facing medical bills, emotional trauma, and life-changing loss.

When a drunk driver causes harm, a criminal case may bring justice through punishment, but it does not automatically cover your financial recovery. If you were injured in a crash caused by an impaired driver, an experienced Larimer County, CO car accident lawyer can help you navigate the civil side of your case to pursue monetary compensation.

What Is the Difference Between a Criminal and Civil Case for a Drunk Driving Accident?

In Colorado, a criminal case is handled by the state. Prosecutors must prove beyond a reasonable doubt that the driver broke the law under C.R.S. § 42-4-1301, which addresses the offense of driving under the influence. A conviction can lead to jail time, fines, license suspension, and probation. The goals in these cases are punishment and deterrence, but they do not provide any financial compensation to the victims.

A civil case, on the other hand, focuses on helping victims recover financially. You can file a lawsuit for damages, including medical expenses, property damage, and pain and suffering that were caused by the accident. The burden of proof is lower in civil court. You must show by a preponderance of the evidence that the drunk driver’s actions caused your injuries. This means it is more likely than not that the driver was responsible.

Can a Criminal Conviction Help Your Civil Case Against a Drunk Driver?

While a criminal case does not automatically guarantee the outcome of a civil case, it can have an influence on the proceedings. If the drunk driver who caused your crash is convicted, it can give your civil case a strong foundation. A guilty verdict confirms that the driver broke the law and acted recklessly. This makes it easier to prove their negligence and seek full compensation for your injuries. You may even be able to access exemplary damages under C.R.S. § 13-21-102. These damages are not meant to compensate for losses, but rather to punish the drunk driver for egregious behavior.

Even with a conviction, you still have to show how the crash affected your life physically, emotionally, and financially. A skilled attorney can use the criminal verdict, along with medical records and expert testimony, to build the strongest case possible.

Can You Still File a Civil Claim if the Driver Was Not Convicted of Driving Drunk?

You can still pursue compensation even if the other driver is not convicted. Criminal and civil cases are separate legal matters. A criminal case may fail for reasons that have nothing to do with your injury claim. For example, there may be a lack of evidence, or the charges might be dropped because of procedural errors. 

Civil court uses different standards and focuses on whether the driver’s negligence caused your injuries. Even without a conviction, your lawyer can use police reports, sobriety test results, and witness statements to prove your case.

Contact a Fort Collins, CO Drunk Driving Accident Attorney Today

If a drunk or drug-impaired driver injured you, seek legal help right away. Attorney Darby Hoggatt is a proud member of the Colorado Trial Lawyers Association and the Workers’ Compensation Education Association. His firm is committed to protecting accident victims across Northern Colorado and providing compassionate, experienced representation.

Get the help you need immediately. Call Hoggatt Law Office, P.C. at 970-225-2190 to schedule a free consultation with a Larimer County, CO drunk driving accident lawyer who has the experience you need. Se habla Español.