Civil Liability for a Drunk Driving Accident

Any car accident that results in serious injury or death is tragic. After the motor vehicle crash and after everyone who needs medical attention has received medical attention, all drivers, even sober drivers, may be under suspicion for alcohol-impaired driving. This is because drivers under the influence of alcohol are at an increased risk of causing an accident. If there is any evidence that the driver was drinking alcohol, they may be arrested for an accident DUI.

Criminal and civil consequences can be significant to the point of life-altering in these cases. A local criminal defense attorney can help you present the best defense. If you have been involved in a car accident and have been charged with DUI, contact a local and experienced DUI or DWI defense lawyer as soon as you can.

DUI Accidents and Fatal Crashes

Alcohol-related accidents are a big problem. According to the National Highway Traffic Safety Administration (NHTSA), drunk driving crashes result in more than 10,000 traffic fatalities each year in the United States. Alcohol-impaired driving fatalities accounted for almost one-third of these vehicle traffic deaths.

Alcohol affects driving ability, including increased risky behavior, impaired judgment, muscle coordination, and reaction time. These effects make it more challenging to operate a motor vehicle safely. The higher the driver’s blood alcohol level, the greater the impact on their physical and mental ability to drive.

Police and law enforcement officers can stop vehicles they reasonably suspect may be involved in criminal activity. Signs that a driver may be impaired or driving unsafely may include:

• Speeding
• Straddling the centerline
• Drifting from one lane to another
• Driving too slowly
• Lack of speed control
• Driving without headlights
• Erratic braking

Traffic safety facts and traffic crashes related to alcohol are significant. However, when car crashes occur, the collision itself may provide reasonable suspicion that someone violated a traffic law. The officer responding to a traffic accident will conduct an accident investigation. This includes talking to the parties involved, which could provide further evidence of possible impaired driving, including:

• The smell of alcohol
• Slurred speech
• Bloodshot eyes
• Conflicting stories
• Exaggerated behavior
• Alcohol containers in plain view

The limit for a DUI in most states is 0.08% blood alcohol concentration (BAC). The per se limit may be lower for commercial drivers (0.04%). For drivers under the legal drinking age, most states have a zero-tolerance limit for underage drinking and driving. Impaired driving laws also apply to drivers under the influence of drugs or a combination of drugs and alcohol.

An alcohol-impaired driver who is arrested and convicted of a first-time DUI can face severe penalties. However, those penalties may increase if the driver is involved in an injury accident or fatal crash. Penalties for alcohol-related crashes may include:

• Jail time
• Fines
• License suspension or revocation
• Ignition interlock device (IID)
• Restitution
• Alcohol treatment program
• Community service
• Higher insurance rates

Field Sobriety and BAC Testing

With reasonable suspicion of criminal activity, such as the erratic behavior of a driver or admitting to alcohol consumption, police officers will try and administer field sobriety tests. Standardized field sobriety tests look for signs of impairment. Police use these tests to gain probable cause to arrest the driver on suspicion of alcohol impairment. These tests may look for:

• Loss of balance
• Poor coordination
• Failure to follow directions
• Failure to perform divided attention tasks
• Physical ability to drive a vehicle

The police may also ask for a breath sample as part of a preliminary alcohol screening (PAS) using a breathalyzer. The breathalyzer gives an estimated blood alcohol level of the driver, which can also be used to justify an arrest. The problem with roadside Breathalyzers and field sobriety tests is that they can be inaccurate. Even a sober driver could “fail” field sobriety tests because of a medical condition, dangerous roadside conditions, or physical disability.

Liability in Drunk Driving

Drunk driving is a crime whether or not the person behind the wheel causes any property damage, injuries, or fatalities. If someone is found guilty of alcohol-impaired driving, they may face time in jail, loss of their driver’s license, and thousands of dollars in fines and fees. A drunk driving crash can be even more expensive.

In addition to criminal liability, drunk drivers may face civil liability, especially in the case of a serious auto accident that causes severe injuries or death. The accident victims or family members can file a personal injury or wrongful death lawsuit to recover damages.

When intoxicated drivers are involved in an accident, the impaired driver is generally held responsible for injuries and property damage. But high drunk driving statistics don’t always mean that all motor vehicle deaths are drunk driving deaths.

Get Legal Advice

Drivers involved in drunk driving car accidents should speak to a DUI attorney to understand their options. An accident after having a couple of drinks is not necessarily caused by impaired driving. There may have been other factors that led to the accident, unrelated to alcohol or drugs.

Talk to a local and experienced criminal defense attorney – ideally one with DUI defense experience – about your rights and legal options after a drunk driving accident arrest.