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Georgia Drunk Driving Accident Answers: My daughter’s car was hit by a driver whose blood-alcohol level was above .08 percent at the time of the crash. Doesn’t that automatically mean he is guilty and liable for damage to the car and my daughter’s injuries?

Published February 6, 2018 by Bruce Millar

A blood-alcohol content (BAC) of .08 percent is the legal BAC level when a driver is legally considered drunk and impaired in Georgia. But being charged with DUI is not the same as being convicted and holding an allegedly drunken driver liable for injuries and property damage is a separate case altogether.

Recording a BAC of .08 or more is evidence of intoxication and driving while intoxicated is against the law. Regardless of whether prosecutors obtain a guilty verdict in a criminal trial or a plea for driving under the influence (DUI), in a civil case, your daughter would have to show that the driver’s negligence caused her injuries and losses.

A personal injury case against an allegedly drunk driver would use the police report showing results of the driver’s Breathalyzer or blood test, a DUI charge, and potentially a DUI conviction as evidence. However, the evidence would also have to show that the other drivers’ negligence (driving while impaired) caused the crash and the crash was the direct cause of your daughter’s injuries.

It is also important to understand that, while a DUI conviction is certainly helpful, a personal injury claim in a drunk driving case can succeed without a criminal charge or conviction.

You will need the assistance of an experienced drunk driving accident personal injury lawyer to proceed with a claim and obtain compensation for medical expenses, lost income, and property damage losses caused by the wreck. The Millar Law Firm can investigate your daughter’s case, gather the evidence required and negotiate with insurance companies or take the claim to court on your behalf, if necessary.

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