Under Civil Code section 1714, “Everyone is responsible” for an injury caused to another by “want of ordinary care,” except so far as the injured person has “brought the injury upon” himself or herself.
This article states what California statutes say about injury and death claims against private parties after a crash with a driver under the influence of alcohol. Claims against a city, a county, or another government agency are outside this article.
What California law calls driving under the influence
Vehicle Code section 23152 makes it unlawful for a person who is “under the influence of any alcoholic beverage” to drive a vehicle.
Subdivision (b) of that section makes it unlawful for a person who has “0.08 percent or more, by weight, of alcohol in his or her blood” to drive a vehicle.
Social hosts
In Civil Code section 1714, the Legislature stated that, rather than the furnishing of alcoholic beverages, “the consumption of alcoholic beverages is the proximate cause of injuries inflicted upon another by an intoxicated person.”
Subdivision (c) of that section begins, “Except as provided in subdivision (d),” and then says no social host who furnishes alcoholic beverages “may be held legally accountable” for injury to, or death of, a third person resulting from the consumption of those beverages.
Subdivision (d) is the exception, under which subdivision (c) does not “preclude a claim” against a parent, guardian, or another adult who knowingly furnishes alcoholic beverages at his or her residence to a person whom he or she knows, or should have known, to be under 21 years of age. In that case, the furnishing of the alcoholic beverage to the person under 21 “may be found to be the proximate cause of resulting injuries or death.”
A claim under subdivision (d) “may be brought by, or on behalf of, the person under 21 years of age or by a person who was harmed by the person under 21 years of age.”
Sellers of alcohol
Subdivision (a) of Business and Professions Code section 25602 makes it a misdemeanor to sell, furnish, or give any alcoholic beverage “to any habitual or common drunkard or to any obviously intoxicated person.” Under subdivision (b) of that section, a person who does so “pursuant to subdivision (a) of this section” shall not be “civilly liable to any injured person” for “injuries inflicted on that person as a result of intoxication by the consumer of such alcoholic beverage.”
Section 25602.1 begins “Notwithstanding subdivision (b) of Section 25602,” and is the exception for alcohol sold or furnished to an obviously intoxicated minor by the persons it names. That section says a cause of action “may be brought by or on behalf of any person who has suffered injury or death” when the sale or furnishing to the obviously intoxicated minor “is the proximate cause” of that injury or death. The persons that section names include one “licensed, or required to be licensed, pursuant to Section 23300” who sells, furnishes, or gives alcohol to an obviously intoxicated minor, and “any other person who sells, or causes to be sold,” alcohol to an obviously intoxicated minor.
The filing period for an injury or death claim
Under Code of Civil Procedure section 335.1, the period is “two years” for an action for injury to, or for the death of, an individual “caused by the wrongful act or neglect of another.”
As a general rule, the two years for an injury are counted from the day of the crash. Deadlines can depend on your situation and on who the claim is against. Consult an attorney. For a death, see the firm’s wrongful death page.
A CHP collision report
The California Highway Patrol (CHP) says a “proper Party of Interest” may request a copy of a CHP collision report or investigation.
The CHP page lists a driver, passenger, property owner, vehicle owner, parent of minor, or legal guardian as a party of interest.
The CHP page says to print and complete form CHP 190 and “submit in person or mail to your nearest Area office.”
For what to do after a crash, see the firm’s article on steps to take after a serious car accident.
Drunk driving deaths in December
For the United States, the National Highway Traffic Safety Administration (NHTSA) reports, “In December 2024 alone, there were 934 alcohol-impaired driving fatalities.”
NHTSA says “About 30% of all traffic crash fatalities in the United States involve drunk drivers (with BACs of .08 g/dL or higher).”
NHTSA also says that in 2024 there were “11,904 people killed” in those crashes.
Related reading
You can read our article on delayed pain after a car accident for a related topic. You can also read the firm’s pages on auto accidents, wrongful death, and personal injury, or contact the firm.
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