# How Criminal Charges Impact Your Drunk Driving Injury Claim | Edelman, Krasin & Jaye **Table of Contents***[*Expand*]* 1. The Difference Between Criminal and Civil Cases 2. What If the Other Driver Was Charged With A DUI? 3. What If You Were Charged With DUI? 4. Need Help With A DUI Case? ![Criminal Record sheet on clipboard, pencil resting on top. Criminal Charges.](https://ekjlaw.com/wp-content/uploads/2026/03/Criminal-record-ekj.jpg) # How Criminal Charges Impact Your Drunk Driving Injury Claim Drunk driving accidents are usually more complex than standard cases and can often lead to two separate legal battles. One is fought in criminal court, where the state decides to pursue criminal charges. The other one happens in civil court, where you can seek financial compensation for damages. While most people don’t think these two are connected, criminal charges can massively influence a case’s outcome. If you or the other driver is facing a Driving Under the Influence (DUI/DWI) charge, knowing how they’ll affect you is a valuable part of building your defense. ## The Difference Between Criminal and Civil Cases A drunk driving accident often leads to two separate cases. The first would be a criminal case, handled by the state. Its purpose is to see if you or the other driver involved broke the law. If you [violate New York’s DUI laws](https://dmv.ny.gov/points-and-penalties/penalties-for-alcohol-or-drug-related-violations), you can face fines, license revocation, or even jail time. On the contrary, civil claims focus on actual damages. Here is where you focus on getting financially compensated for lost income, medical expenses, and anything else related to the collision. While these cases move through different courts, they’re still connected. Getting a DUI conviction could influence your overall liability and tilt the case in (or against) your favor depending on the accident’s details. For a free legal consultation, call [(800) 469-7429](tel:+18004697429) ## What If the Other Driver Was Charged With A DUI? Getting hit by a driver who was charged with drunk driving offenses can strengthen a personal injury claim in your favor. A DUI arrest often means there’s clear evidence of liability. This can be in the form of: - Breathalyzer tests - Alcohol testing - Police reports - Field sobriety tests That said, criminal charges don’t automatically translate into compensation. New York operates under [pure comparative negligence](https://www.law.cornell.edu/wex/comparative_negligence), which may make you partially liable depending on what happened. But in most cases, DUI charges make it much harder for the at-fault driver or insurance company to deny guilt altogether. This leaves the floor open for negotiating a much higher settlement. ## What If You Were Charged With DUI? Getting charged with a DUI can significantly complicate your case. You may still be partially compensated under state law, but expect resistance from insurance companies. They’ll argue that you were the primary responsible party and will try to minimize their payout as much as possible. Still, having a criminal charge is not the same as a full conviction. An arrest alone also doesn’t automatically stop you from [filing an accident claim](https://ekjlaw.com/long-island-ny/car-accident-lawyer/drunk-driving/) for damages. The collision’s details are still taken into account when evaluating your claim. [Click to contact](https://ekjlaw.com/contact-us/) our attorneys today ## Need Help With A DUI Case? Drunk driving accidents are complex to handle, especially when criminal charges are involved. Whether you’re a victim seeking compensation or facing DUI charges, having legal representation is essential. Our New York accident and [criminal defense lawyers](https://ekjlaw.com/blog/driving-while-intoxicated-dwi/) are here to guide you through this entire process and protect your rights. Please [contact us](https://ekjlaw.com/contact-us/) online or at (866) 442-0513 to schedule a free consultation with us today. 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