Legal Question in Civil Litigation in North Carolina

No. You are either prosecuted in criminal court for a criminal offense or you are sued in civil court or sometimes both. The facts or conduct giving rise to the criminal charge can also form the basis of a civil suit. However, you cannot be sued in civil court for violating a criminal statute.

Example: a person drives drunk. He can be criminally prosecuted for DUI/DWI. He cannot be sued civilly for violating the DUI/DWI statute.

Same facts but now add that the drunk driver hit another vehicle and caused damage to the other car or bodily injury to the other driver. The drunk driver can be prosecuted for driving drunk. Regardless of whether the driver is or is not guilty of DUI/DWI, the driver of the other car can sue the drunk driver for causing the bodily injury or property damage and as proof of negligence can show that the drunk driver violated a law by driving drunk or speeding or something. This does not violate double jeopardy principles.