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The Importance of Evidence in Drunk Driving Cases

The Importance of Evidence in Drunk Driving Cases

Shapiro Law Team April 2, 2024 Car Accidents,Personal injury

Driving under the influence of alcohol is illegal in all 50 states. It’s also entirely possible to get charged with DUI even if you aren’t driving. In these cases, a driver may not be driving but may exhibit the behavior of taking physical control of the vehicle.

Arizona considers a DUI to be the equivalent of a violent crime. Continue reading to learn about the consequences of drunk driving, the importance of evidence, and how you can get help from Shapiro Law Team for your injuries. Call for a free consultation.

What Is a DUI Accident?

A collision that involves at least one person under the influence of drugs or alcohol is considered a DUI accident. If a person’s blood-alcohol concentration (BAC) is 0.08% or greater, they will face legal consequences and penalties. That being said, if a person under the age of 21 is found with any alcohol concentration, their license may be suspended.

When Is a Driver Legally Intoxicated?

As mentioned, a driver is legally intoxicated if their BAC is 0.08% or greater. Some jurisdictions consider 0.04% or greater as legal intoxication for rivers younger than 21, but many jurisdictions do not have a tolerance for any percentage.

Once considered legally intoxicated, a driver will be arrested and convicted of a DUI. This driver may face criminal penalties, jail time, and high fees. But what if you’re on the other side of this? What if you’re not under the influence of drugs and alcohol but the at-fault driver is?

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Types of Car Collisions Drunk Drivers Frequently Cause

There are multiple types of car collisions drunk drivers frequently cause—and unfortunately, these types of accidents lead to serious injuries or even fatalities. Some of the most common types of drunk driving collisions we see at Shapiro Law Team include:

  1. Rear-end or Tailgate Accidents
    Drunk drivers often exhibit impaired judgment and delayed reaction times, making them prone to rear-end collisions. These accidents occur when a vehicle crashes into the back of another vehicle, often at intersections or in heavy traffic. Rear-end accidents can result in whiplash, neck injuries, and damage to both vehicles.
  2. Sideswipe Accidents
    Drunk drivers may struggle to maintain lane positioning, leading to sideswipes. These accidents happen when the sides of two vehicles traveling in the same direction make contact or swipe. Sideswipe accidents can cause vehicle damage, injuries, and even spin-outs.
  3. Head-on Collisions
    Perhaps the most severe type of collision, head-on crashes occur when two vehicles traveling in opposite directions collide at the front. Drunk drivers may veer into oncoming lanes, which can result in some pretty devastating consequences. Head-on collisions often lead to severe injuries or fatalities.
  4. T-bone or Broadside Collisions
    T-bone accidents happen when the front of one vehicle strikes the side of another, forming a “T” shape. Drunk drivers may run red lights, fail to yield, or make improper turns, increasing the likelihood of T-bone accidents. These accidents can cause extensive damage to vehicles and severe injuries to all drivers and passengers involved.

The Importance of Evidence in Drunk Driving Cases

If you’re the injured victim of a drunk driving accident, you absolutely deserve financial compensation. Compensation for drunk driving accidents can be substantial considering the severity of these cases. Regardless of what happened, you need to have collected valuable evidence to build a case.

Representing yourself is hard, especially if you’ve suffered injuries. That’s where the help of Shapiro Law Team comes in. Hiring an experienced drunk driving accident lawyer like Shapiro Law Team is the best way to gather evidence, prove your case, and win maximum compensation.

You Must Still Prove the Other Driver Caused the Accident

We know how unfair this sounds, but the other driver is not automatically at fault for a drunk driving accident.

As the victim, you need to prove that the other driver caused the accident through concrete evidence. Keep in mind that drunk drivers will often plead not guilty in a civil case, but an experienced lawyer will present evidence to prove otherwise.

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Act Promptly and Diligently To Gather Drunk Driving Accident Evidence

Evidence doesn’t last forever, so make sure you gather evidence as fast as possible after a drunk driving accident. Collecting and assembling evidence months after the accident will only hurt your case, plus it will be much harder to put together a case.

Drunk driving cases rely heavily on Breathalyzer results and blood tests. These results are only available for a short while, so ensure you’re obtaining specimens before the lab disposes of them.

The best way to obtain lab results is by hiring an attorney shortly after the accident. An attorney will make sure the lab stores the evidence properly so it can be of use in a trial.

You Do Not Necessarily Need To Prove That the Driver Was Drunk

Even though it’s beneficial to prove the other driver was drunk, you don’t necessarily have to. You can prove that a driver was negligent if you find that they were breaking a law or regulation at the time of the crash. Financial compensation is still possible to recover, regardless of whether you prove the other driver was drunk.

If you can’t prove the other driver was intoxicated, you can still qualify for a settlement by showing they were negligent. Unreasonable or negligent behavior from the other driver includes:

  • Swerving out of their lane and hitting you
  • Driving the wrong way and hitting you head-on
  • Speeding beyond the legal limit
  • Weaving in and out of traffic aggressively
  • Failing to see another car ahead of them
  • Failing to stop or slow down
dui accident

What Is a DUI Accident?


How Toxicology Reports Can Help You Prove Liability

One of the key pieces of evidence following a drunk driving accident is the toxicology report. The toxicology report shows pertinent information like the BAC test results, any drug combinations, and an extrapolation analysis. All of this can help prove liability in a drunk driving case.

How Can a Lawyer Help You Collect Essential Evidence for a DUI Accident?

Collecting evidence after a drunk driving accident is crucial, but obtaining such important documents can be tough when you’re injured. If you’re recovering from injuries, an experienced personal injury attorney can obtain evidence for you. Shapiro Law Team helps collect:

  • Full police reports
  • Eyewitnesses and their statements
  • Medical documentation of all injuries and treatments
  • Information from DUI reconstruction experts
  • All other crucial pieces of evidence through investigator resources

Injured During a DUI in Phoenix? Call Shapiro Law Team

The aftermath of a drunk driving accident is devastating, and unfortunately, deadly. If you were injured in a drunk driving accident, you’re probably grappling with high medical expenses, lost wages, pain and suffering, and emotional trauma; so get the compensation you deserve by calling Shapiro Law Team.

Our team works on a contingency fee basis, meaning you won’t pay us a dime unless we win. Start today with a free consultation from one of our experienced attorneys.

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