Wrongful death vs. DUI manslaughter: What is the difference?

A fatal DUI crash in California can lead to two different legal cases. One case goes through criminal court while the other goes through civil court. Although both cases come from the same tragedy, they serve very different purposes. Knowing the difference helps families understand what to expect during this difficult time.

How DUI manslaughter charges work

The State of California files DUI manslaughter charges as a criminal case. The goal is to punish the driver for breaking the law. If a court convicts the driver, the penalties may include prison time, fines and a lost license.

In this case, the prosecutor controls the decisions. The family has no control over the charges or plea deals. While punishment remains the primary goal, the judge must order the driver to pay restitution under California law. This money helps the family cover specific costs, such as funeral bills or medical expenses.

How wrongful death claims differ

The family files a wrongful death claim in civil court. The main goal is the family’s financial recovery for the future, not just punishment for the driver. The claim can seek payment for lost income, emotional support and the loss of a loved one’s companionship.

Civil cases require a lower burden of proof than criminal cases. Because of this, a family may win a civil claim even if a criminal court clears the driver of guilt.

Why families use both paths

Families can pursue both cases simultaneously. One path emphasizes justice through punishment, while the other emphasizes helping the family move forward. A lawyer can guide you through both paths and help protect your rights.