Woman talking to law enforcement after a car accident

The Criminal Evidence That Can Help Prove a Driver Was Drunk

After an accident, many questions go through drivers’ heads:

What happened?

Is everyone OK?

How badly damaged are the vehicles?

After an initial assessment of the accident, drivers may have another question — Is the other driver drunk?

There are multiple ways to get that question answered, but it can not be officially determined typically until law enforcement arrives on the scene. Once law enforcement arrives, they will perform tests and other evaluations to determine if the other driver is indeed intoxicated. The information gathered by law enforcement can be critical for the other driver if they decide to pursue a personal injury case.

Evidence Collected on Scene

Law enforcement will typically conduct two types of tests that can help prove a driver was drunk behind the wheel.

Field Sobriety Tests

Field sobriety tests are standardized tests that police officers use to determine whether a driver is impaired. There are three main types of field sobriety tests: the horizontal gaze nystagmus (HGN) test, the walk-and-turn test, and the one-leg stand test.

The HGN test measures a driver's ability to follow a moving object with their eyes. The police officer will ask the driver to follow an object, such as a pen or finger, with their eyes.

The walk-and-turn test measures a driver's ability to walk in a straight line and turn around. The police officer will ask the driver to walk heel-to-toe in a straight line for nine steps, turn around, and then walk back.

The one-leg stand test measures a driver's ability to balance on one leg. The police officer will ask the driver to stand on one leg for 30 seconds.

Blood Alcohol Concentration Test

A blood alcohol concentration (BAC) test is a test that measures the amount of alcohol in a person's blood. The legal limit for BAC is 0.08%. This means that if a person's BAC is 0.08% or higher, they are considered impaired.

Evidence Collected After the Accident

Additional evidence that could help prove a driver was drunk is to look at their criminal history and driving record. In particular, if a driver has already been convicted of driving under the influence (DUI) or driving while impaired (DWI) then there is a higher probability that the driver was intoxicated at the time of this latest accident. If the driver has other convictions involving alcohol, it could be suspected that the driver struggles with alcohol abuse and could have been under the influence before the accident.

How The Roth Firm, LLC Can Help

Gathering this evidence to help prove a driver was drunk at the time of your crash is difficult to do on your own. That’s why the experienced drunk driving accident lawyers at The Roth Firm, LLC are here for you. Our hard-fighting personal injury team can help you understand your rights and options under the law and can help you pursue any compensation that may be available to you. Reach out to us today to schedule a free consultation about your case. (404) 777-4899