If you are in a vehicle crash, it is always worth considering whether the other driver may have been drinking. Even if they aren’t legally drunk, any alcohol in their system could be a contributing factor toward the wreck.
The blood alcohol content (BAC) that equates to legal intoxication is 0.08 for most drivers. That does not mean alcohol only affects your ability to drive once you reach that number. It is merely a legal cut-off point the state uses to define the offense of operating a vehicle while impaired (OVI).
What can you do if you think a driver’s alcohol consumption caused the crash?
Claiming a car crash is the other party’s fault will be simpler if they test over the limit. Yet you always need to consider the overall picture to get the compensation you are due. The fact that a driver blew under 0.08% BAC does not mean you cannot pin the blame on them.
For example, if the other driver tests negative but was driving on the wrong side of the road, attributing fault should be straightforward. It is less important whether they were on the wrong side of the road due to alcohol, fatigue or some other reason. What matters is that they were traveling in the wrong direction.
Any evidence that someone has been drinking can help your case, no matter how little they consumed. Remember, the police can charge someone for driving in a way that suggests the alcohol left them impaired, even if that person tests under the limit.
When you’ve been hurt in a wreck, take all the necessary legal steps to obtain the compensation you are due.
