How a Toxicology Report Can Be Used in a DUI Accident Case 

Key Points:

• The toxicology report is a critical piece of evidence in a DUI case because it is a scientifically accurate measure of the at-fault driver’s blood alcohol concentration or the presence of drugs in their system at the time of the crash. 
• Collecting a blood sample immediately after an accident is the most accurate way to determine what chemicals were present in the body at the time of the accident. 
• A toxicology report showing the at-fault driver was impaired is admissible as evidence in both criminal and civil cases. 
• If there is evidence that the at-fault driver was intoxicated, the victim may receive significantly more compensation in the form of punitive damages. 

If you or a loved one was hurt by an intoxicated driver, a toxicology report can be crucial in building a successful accident case. A toxicology report can help prove that a driver had a high concentration of alcohol or drugs in their system at the time of the crash, which can impact both liability and the amount of compensation you receive for your injuries. If you can prove that the at-fault driver was under the influence of drugs or alcohol, you may receive far more compensation than in a typical negligence claim. 

What Is a Toxicology Report? 

A toxicology report analyzes the results of testing for traces of alcohol, drugs, or toxins in a person’s body. Typically, toxicology testing involves collecting a sample of blood or urine and sending it to a lab. In some situations, sweat, strands of hair, saliva, or stomach contents may be screened as well. For example, if a person suspected of drunk driving was killed in a collision, more comprehensive toxicology testing may be performed as part of an autopsy. 

Alcohol is not the only substance that can cause intoxication, and Georgia law makes it a crime to drive under the influence of any substance that impairs your ability to safely operate a motor vehicle. After a car accident where impaired driving is suspected, a blood sample is usually taken either at the scene or at a hospital. Collecting a blood sample immediately after an accident is the most accurate way to determine what chemicals were present in the body at the time of the crash. 

Toxicology tests can determine both the presence of chemicals and their concentration levels in the body, and the levels found can help assess the person’s level of impairment at the time of the crash. Testing can detect a wide range of substances, including alcohol, marijuana, amphetamines, barbiturates, cocaine, methamphetamine, opiates, prescription medications, and supplements.  

Testing may be ordered by police officers responding to an accident if the facts and circumstances suggest that driving under the influence (DUI) was a contributing factor. Medical personnel may also order a toxicology screening on the driver after they arrive at the hospital because the presence of drugs or alcohol can affect treatment decisions.  

How Is a Toxicology Test Performed or Conducted? 

Georgia police officers have specialized training in detecting and evaluating impaired drivers, which means that the officer who responds to a car accident may perform toxicology tests at the scene. If the officer has probable cause to suspect that a driver is impaired, they can use a multi-step protocol to assess the driver’s condition, which may include observations, a field sobriety test, or chemical testing.  

The officer may use breath testing or collect samples of the driver’s blood, urine, or saliva for evaluation. While breath testing is common because it is not invasive and yields fast results, blood tests are much more accurate than other methods. Blood tests can also screen for more substances and are less likely to produce false positives than other tests. Blood tests are also more useful in a DUI case because the results are documented by a lab in a written report, which serves as credible evidence when building a claim. 

If testing shows that the driver’s BAC or drug concentration levels were high at the time of the accident, this is strong evidence that they were impaired. Toxicology testing may also be performed by medical personnel if the driver is taken to a hospital for treatment or by a medical examiner during an autopsy if the driver is killed in the crash.   

If the toxicology report indicates that the driver was impaired, the officer will include that information in the police report. If the driver’s BAC or drug level meets the legal threshold for DUI under Georgia law, the driver may face criminal charges. 

How Long Does It Take to Get the Results of a Toxicology Report? 

Depending on the type of testing, it can take anywhere from a couple days to several weeks to get the results of a toxicology report. If the test involves a blood sample taken by police officers or by medical personnel at a hospital, for example, the results may be available within 24 to 48 hours. If the lab that analyzes the sample has a heavy workload, however, it may take longer to get the report. 

If the testing is conducted as part of an autopsy, it may take six to eight weeks to receive the toxicology report. The reason it takes longer for toxicology results from an autopsy is because the testing is more complex and includes evaluations of multiple samples such as blood, saliva, hair, tissue, and stomach contents. 

Can a Toxicology Report Result in More Compensation in a DUI Accident Case? 

Yes. In a typical car accident case, the victim is entitled to recover compensatory damages for their injuries, which include both economic (e.g., medical bills, vehicle repairs) and noneconomic (e.g., pain and suffering) losses. However, if the at-fault driver was impaired by alcohol or drugs and their impairment caused the accident, the victim may also recover punitive damages. While punitive damages are normally capped at $250,000, there is no limit on the amount of punitive damages a jury may award for a DUI accident. 

The toxicology report is a critical piece of evidence in a DUI case because it is a scientifically accurate measure of the at-fault driver’s blood alcohol concentration (BAC) or the presence of drugs in their system at the time of the crash. If the toxicology report indicates that the driver was impaired, the victim has a stronger case for liability and may recover significantly more compensation for their injuries than in a typical negligence claim. 

Can a Toxicology Report Be Used as Evidence in a DUI Injury Claim? 

Yes. A toxicology report showing that an at-fault driver was intoxicated or impaired at the time of the accident is strong evidence in a DUI injury claim, and it is admissible in both criminal and civil cases. If the driver refuses to submit to toxicology testing when DUI is suspected, their refusal is also admissible as evidence. If the driver is found with a BAC of .08 percent or tests positive for drugs, the officer will include the results on the police report. 

The Georgia Open Records Act allows anyone to request a police report for a car accident by making a request to the local police station or the Georgia Department of Public Safety’s Open Records Unit. If you hire a personal injury attorney to handle your claim, your attorney can obtain the police report and toxicology test results for you.