![]() ![]() If the driver takes the breathalyzer or later has a blood test done to prove that they were over the legal limit when they caused the accident, then that will be included in the police report. When the police show up to the scene of the accident, they will document what happened and gather any evidence that they need, including the BAC of the driver who caused the collision. One of the key elements to your case is the police report. Here’s how they’ll prove the other driver was drunk at the time of the accident: There are aspects of the accident that your attorney will look into in order to prove that the driver was under the influence when they crashed into you. ![]() If the driver refused the breathalyzer at the scene of the accident, then that could also reflect poorly on them and be good information for your lawyer to have. 05 can also end with repercussions for a driver. 08 or higher is considered to be intoxicated and is illegal for them to get behind the wheel.Įven though it isn’t above the legal limit, a BAC over. According to state law, any driver with the blood alcohol concentration (BAC) of. One of first aspects that your attorney will look into are the laws surrounding drunk driving in West Virginia. In a drunk driving case, the most important thing your lawyer will have to do is prove that the other driver was, in fact, under the influence when they caused your collision. How Your Lawyer Will Prove the Driver Was Drunk You can know your rights will be protected and that the drunk driver will be held responsible for what they’ve done. With the help of a drunk driving accident lawyer from DiPiero Simmons McGinley & Bastress, PLLC on your side, you can feel confident that your case will be properly represented. ![]() If the other driver was under the influence, then the accident could have even more serious consequences than just the injuries and other damages that you suffered as a result.Īn intoxicated driver needs to be held accountable for their negligent actions and the reckless decision they made. “This research should at least make us more interested in what intoxicated witnesses have to say,” Hildebrand Karlén says, “and perhaps take them a bit more seriously.When you’ve been in an accident that you didn’t cause, you might be wondering who was at fault and what they did to cause your crash. For instance, both groups seemed particularly attuned to the details of the physical aggression portrayed in the film. The new study also found that some aspects of the drunk people’s recollections were not that different from those of the sober participants. “Any effect of intoxication is not as big as the effect of waiting a week to question somebody,” she says. Evans co-authored and published a 2017 study in Law and Human Behavior that found similar results for moderately drunk witnesses. The findings are in line with previous research, says Jacqueline Evans, an assistant professor of psychology at Florida International University, who was not involved in the new work. By purchasing a subscription you are helping to ensure the future of impactful stories about the discoveries and ideas shaping our world today. If you're enjoying this article, consider supporting our award-winning journalism by subscribing. (Intoxication levels varied because different people metabolize alcohol at different speeds.) The results suggest that intoxicated witnesses should be interviewed sooner rather than later, according to the study, which was published online last October in Psychology, Crime & Law. The effect held even for people with blood alcohol concentrations of 0.08 or higher-the legal limit for driving in most of the U.S. The investigators found that both the inebriated and sober people who were interviewed immediately demonstrated better recollection of the film events than their drunk or sober counterparts who were questioned later. The remaining participants were sent home and interviewed a week later. ![]() The researchers next asked half the people in each group to freely recall what they remembered from the film. All participants then watched a short film depicting a verbal and physical altercation between a man and a woman. In 15 minutes women in the alcohol group consumed 0.75 gram of alcohol per kilogram of body weight, and men drank 0.8 gram (that is equivalent to 3.75 glasses of wine for a 70-kilogram woman or four glasses for a man of the same weight, Hildebrand Karlén says). Malin Hildebrand Karlén, a senior psychology lecturer at Sweden’s University of Gothenburg, and her colleagues recruited 136 people and gave half of them vodka mixed with orange juice. But waiting until they sober up may not be the best strategy people remember more while they are still inebriated than they do a week later, a new study finds. Police officers investigating a crime may hesitate to interview drunk witnesses. ![]()
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