Most Californians are aware that a DUI conviction costs more than just attorney fees and the fines and fees levied by the court. After a DUI conviction, insurance rates are bound to increase, there are costs associated with the installation and maintenance of an Ignition Interlock Device, DMV fees, and so on. But one cost that is sometimes associated with a DUI is rarely considered: Restitution. When a person driving under the influence causes any damage or injury, whether because the driver caused an accident or just ran into someone’s fence, that driver, if convicted on the DUI, will be ordered to pay restitution and restitution fees.
Depending on the severity of the injuries or damage, restitution can carry a hefty price tag. When injuries are involved, the court will consider the victim’s calculation of damages and as long as there is some reasonableness, will order restitution in the amount claimed by the victim. Thus, someone who was injured by a drunk driver may claim not only losses suffered due to the immediate injuries, but also future economic losses. For example, if the injuries prevent the victim from future earnings, the restitution order may include a calculation of lost future earnings, which if the victim is younger, could be considerable. What the restitution order cannot include are losses for pain and suffering. However, these losses are recoverable in a civil action.
In most cases, the DUI driver’s insurance will pay for the damages, but only up to liability limits of the policy. More often than not, the DUI driver’s insurance company will settle with the victim/plaintiff rather than take the case to a civil trial. This is a civil settlement and is considered separate from the criminal restitution order, but with usually with offsets to the restitution. What that means in practical terms can be illustrated by this example: