How DUI/DWI Tests Can Be Used as Evidence in a DUI Accident Claim

Proving Impairment in an Accident Can Potentially Help You Achieve More Compensation

Being involved in a car accident caused by a drunk driver is a traumatic experience. In addition to the physical injuries you may have sustained, you may also be blind-sided by serious financial hardship due to lost wages and medical expenses. If the police report does not conclusively indicate that the other driver was under the influence of drugs and/or alcohol, you may be wondering how you can prove that they were impaired.

Even if the police report does not indicate that the other driver was under the influence, you may still be able to prove that they were impaired and obtain compensation for your injuries. By gathering and presenting evidence of the other driver’s impairment, you can increase your chances of winning your case and avoiding devastating financial blows.

If you have been injured in a car accident caused by a drunk driver, it is important to seek legal help immediately. An experienced law firm, like the legal team at The Millar Law Firm can help you gather evidence, file a claim, and negotiate a settlement. With the right representation, you can get the compensation you deserve for your injuries and losses.

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Georgia Law Enforcement Officers May Help Prove Your DUI Accident Case

Many of Georgia’s law enforcement officers have received specialized training in detecting and evaluating drug-impaired drivers. They use a multi-step protocol to assess a driver’s physical and mental condition, including their eyes, coordination, reflexes, and speech. Officers can also collect samples of the driver’s blood, urine, or saliva for further testing.

The main goal of this multi-step protocol is to see if the driver was indeed under the influence of any drugs during the accident. If they were, this shows negligence on the driver’s part. This evaluation can also be used to help deny any claims made by the driver that they were not impaired at the time of the accident.

Of course, an officer’s evaluation is not always foolproof. There are some drugs that are hard to detect, and the opinion can be challenged in court. However, the DUI test or evaluation is still a very valuable tool that can be used to improve the success of a personal injury lawsuit involving a DUI accident.

Testing for Impairment can Dramatically Change a Car Accident Settlement

Testing done at the scene of the accident and other blood alcohol tests done in a hospital setting or while the suspected at-fault driver is in custody can make all the difference in a DUI/DWI insurance settlement.

• These tests can be used to help establish fault. In Georgia, as in many other states, driving under the influence (DUI) is considered negligence per se, which means that the driver is presumed to be at fault for the accident, regardless of other factors. This is because driving while impaired is considered to be a reckless and intentional act that creates a high risk of harm to others.
• BAC test results can also increase the amount of compensation owed by the drunk or drugged driver who caused the wreck. In addition to being found at fault, the driver who was under the influence may also be held liable for punitive damages, which are designed to punish the driver for their reckless behavior. Punitive damages can be significant.  In Georgia, punitive damages awarded against a drunk driver are not subject to the State’s $250,000 cap on punitive damages.  In other words, punitive damages awarded against intoxicated drivers are not capped.
• The test results can make it more difficult for the driver to defend themselves. It is much more difficult for a driver who was under the influence to argue that they were not negligent. This is because the DUI/DWI test provides clear evidence that the driver was impaired at the time of the accident.

If you have been injured in a car accident caused by a DUI (driver intoxicated on illegal drugs, prescription drugs or alcohol) driver, it is important to speak with an experienced personal injury attorney. Your legal team can help you to understand how DUI/DWI tests can affect your case and to build a strong case for compensation.

Punitive Damages and Alcohol or Drug Impairment

In Georgia, punitive damages may be awarded in a car accident case if the at-fault driver was impaired by drugs or alcohol and their impairment was a contributing factor to the accident. Punitive damages in Georgia, are normally capped at $250,000 over and above other compensation.  However, when the at-fault driver is intoxicated, there is no limit on the amount of punitive damages that may be awarded.

To recover punitive damages, the plaintiff must prove by clear and convincing evidence that the defendant’s conduct was malicious, reckless, or wanton. Driving under the influence to the point of impairment is generally presumed to be intentional, reckless and dangerous conduct that justifies an award of punitive damages.

It can be difficult, but punitive damages can be awarded in Georgia if the at-fault driver in an accident is proven to be impaired. In order for this to happen, the plaintiff will need to prove that the defendant’s conduct was malicious, reckless, or wanton in order to be awarded punitive damages.

Our DUI Accident Lawyers Can Help Prove Whether a Driver’s Impairment Contributed to the Accident

If you are a victim of a car accident caused by an impaired driver, it’s important to hold on to and collect as much evidence as possible. This evidence can help prove that the other driver was reckless, which introduces additional punitive damages.

Evidence can come in many forms, from photos to statements to police reports. Below, we’ve included different types of evidence you may want to gather post-DUI accident to prove that the driver was reckless:

• Witness statements: There were likely some witnesses to your accident, and they may be able to testify that the other driver acted erratically or seemed to be impaired. This can mean observing the driver swerving in and out of traffic, driving too fast, or failing to stop.
• Police report: The police report might include some valuable information about the other driver’s behavior at the scene of the accident, like if they appeared to be intoxicated, unduly belligerent, or under the influence of drugs.
• Toxicology reports: If the other driver was arrested for DUI, they would likely have been given a blood or urine test to determine their blood alcohol content (BAC) or the presence of drugs in their system. If their BAC or drug levels were high, this is strong evidence that they were impaired at the time of the accident.
• Photographs of the accident scene: Photographs of the accident scene may show skid marks, debris, or other evidence that the other driver was driving recklessly.
• Video footage of the accident: If the accident happened in an area with traffic cameras or was captured on someone’s dashcam, this footage may also be used as evidence.

Observational Symptoms

After an accident, there are usually some tests conducted at the scene to see if the driver was, in fact, impaired. First responders on the scene can also help to determine whether or not the at-fault driver was possibly drunk or under the influence of drugs. Here are some things police might look for when trying to determine if someone was under the influence at the scene of the accident:

• The police may look for signs of intoxication, such as slurred speech, difficulty walking, or glassy eyes. They may also look for erratic behavior, such as driving too fast or too slow, swerving in and out of traffic, or failing to yield the right of way.
• The smell of alcohol on the driver’s breath or the presence of an open container of alcohol in the car can be a sign they were under the influence at the time of the accident. They may also look for physical signs of intoxication, such as flushed skin or bloodshot eyes.
• The police may interview witnesses to the accident to see if they saw anything concerning that could indicate that the driver was drunk. Witnesses may be able to testify that the driver was slurring their speech, stumbling, or seemed to be under the influence of alcohol.

If the police on the scene have probable cause to think that the driver is drunk, they might arrest them and take them to the police station for further testing, like a chemical test. If they do not arrest the driver immediately, they can still use any evidence from the scene in the courtroom to prove that the driver was under the influence of drugs or alcohol.

Police are not always able to prove someone is drunk at the scene of the accident. If the suspected driver passes the field sobriety test and does not have a high BAC, the police might not be able to charge them with a DUI. Even so, they can still prove that the driver was negligent and liable for the accident.  

How Georgia Police Officers Perform DUI/DWI Tests

Law enforcement officers in Georgia are rigorously trained to perform field sobriety tests in a standardized manner. The standardized administration of field sobriety tests is important for several reasons. First, it helps to ensure that the tests are conducted fairly and consistently. Second, it helps to ensure that the results of the tests are reliable and admissible in court. Third, it helps to protect the rights of the driver being tested and the rights of accident victims whose injuries may have been caused by the at-fault driver’s negligence.

In Georgia, law enforcement officers are required to be trained in the administration of these tests as developed by the National Highway Traffic Safety Administration, the NHTSA. The training is typically provided by the Georgia Department of Public Safety. Three common tests are:

• The Horizontal Gaze Nystagmus (HGN) test looks for any involuntary eye movements that are a sign of intoxication.
• The Walk and Turn (WAT) test looks at a driver’s balance and coordination.
• The One-Leg Stand (OLS) test can also be used to assess a driver’s balance and coordination.

Preliminary Alcohol Screening (PAS) Tests

In addition to Field Sobriety Tests, police officers may well include the following screening tests to establish impairment.

Breathalyzer

Perhaps the most common field sobriety testing device is the breathalyzer. Breathalyzers are machines used to measure the amount of alcohol in a person’s breath. They do this by using a chemical reaction that produces a current. The amount of current produced is proportional to the amount of alcohol in the breath.

In Georgia, a breathalyzer reading of 0.08% or higher is considered evidence of impairment. However, a breathalyzer reading below 0.08% does not necessarily mean that a driver is not impaired. There are many factors that can affect a person’s BAC, including their weight, gender, and how much food they have eaten.

It is also important to note that breathalyzer devices must be calibrated regularly to ensure that they are accurate. This is done by using a known concentration of alcohol to generate a standard current. The breathalyzer is then adjusted until it produces the same current.

If a breathalyzer is not calibrated properly, it may produce inaccurate results. This can happen if the machine is not properly maintained, if the chemicals are not fresh, or if the machine is not used properly.

When an at-fault driver is suspected of being under the influence of alcohol or drugs and the breathalyzer doesn’t confirm impairment, it may be that the machine is not properly calibrated. At such times, your attorney will probably challenge the accuracy of the results. Your attorney can hire an expert to examine the breathalyzer and determine if it was properly calibrated. If the breathalyzer was not calibrated properly, the results may be inadmissible in court.

Blood Tests

In the case that a person’s breathalyzer tests are inconclusive or if there are other factors at play that show the test may not be accurate, the officer who arrested the driver might request a blood test. This is because a blood test is actually considered to be more accurate, and can also be used to confirm the results of a breathalyzer test.

Sometimes the arresting officer might not request a blood test, as they are more invasive than a breathalyzer test and more expensive. The arresting officer also has a right to not request a blood test if the person is being cooperative and does not appear to be impaired.

A blood test for alcohol impairment can be influenced by the time that has passed between drinking and testing, as the amount of alcohol in their blood will decrease over time. A blood test taken shortly after drinking will usually show a higher BAC than a blood test taken hours later. As an example, if someone drinks a beer and then gets a blood test immediately afterward, their BAC might be around 0.08%. If they get a blood test 2 hours later, their BAC might be 0.04%. This is because the body had some time to metabolize a portion of the alcohol.

The amount of time it takes for the body to metabolize alcohol can vary depending on a number of factors, such as the person’s weight, gender, and liver function. In general, it takes about one hour for the body to metabolize one standard drink.

A blood test for alcohol impairment can be greatly influenced by the time that passed between the intake of alcohol and the actual blood test. If the at-fault driver underwent a blood test several hours after the accident, your attorney may be able to challenge the accuracy of the results. Your attorney can argue that the BAC level may have decreased by the time the blood test was taken and that the driver could have been impaired at the time of the accident.

The time elapsed between drinking and testing is just one factor that can affect the results of a blood test. Other factors, such as the person’s hydration levels, recent food intake, and medications, can also affect the results.

Ultimately, the decision of whether or not to request a blood test is up to the arresting officer. Your attorney can hire an expert to examine the breathalyzer and determine if it was properly calibrated. If the breathalyzer was not properly calibrated, the results may be inadmissible in court.

Urine Tests:

Urine tests are not as frequently used as much as blood tests to prove driver impairment following an accident. Urine tests are not as accurate as blood tests, and can be more difficult to interpret.

Urine tests can detect the presence of drugs and alcohol in a person’s system. They cannot measure the concentration of drugs or alcohol in the blood, which is the measurement used to determine impairment. That means that it’s possible that a urine test may be positive for drugs or alcohol, even if the person is not impaired.

Urine tests can also be affected by a number of outside factors, like hydration levels, recent food intake, and medications, which can make it hard to interpret the results of a urine test. For these reasons, blood tests are typically preferred over urine tests to prove driver impairment. Urine tests may still be used in some cases, though, like when someone refuses to give a blood sample or when the blood sample is not available.

Proving Impairment Can be Difficult

When drivers operate vehicles while they are under the influence of alcohol or drugs, the victims can suffer devastating consequences that could last a lifetime. Unfortunately, some impaired drivers slip through the cracks and escape the penalties associated with their crimes.

If you have been injured in an accident that might involve an impaired driver, you may be wise to seek the help of an experienced personal injury law firm with the expertise and resources necessary to prove impairment.

At The Millar Law Firm, we have been successfully representing victims of DUI/DWI accidents for three decades. We have the experience and the resources to discover evidence of impairment that might have been missed at the scene of the accident.

The legal team at The Millar Law Firm stands ready to help you protect your rights as guaranteed by Georgia Law. By meeting with our legal team you may have a better chance for full and fair compensation for your losses. Call us today for your free first consultation.