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Q:
How can I prove my case if I’m injured in a drunk driving accident, and alcohol test results aren't available?

A:

Even when alcohol test results aren’t available for the driver who caused your collision, you may still be able to receive compensation. While these test results can certainly be helpful, they are not always required in order to prove your claim.

Chemical Testing

Chemical tests are conducted to determine the concentration of alcohol in a person’s blood. In criminal driving under the influence (DUI) cases, refusing to submit to chemical testing has legal consequences.

Due to implied consent laws, people who refuse to be tested may have their driving privileges suspended. There are three common types of chemical testing:

  • Breathalyzer. These are the easiest and most frequently used tests to determine a driver’s blood alcohol concentration. Breathalyzers are portable devices carried by law enforcement which measure the alcohol content in a driver’s breath and convert it into a blood alcohol percentage.
  • Blood tests. Blood screening conducted at a police station or medical facility is the most accurate form of chemical sobriety testing currently available. As a result, evidence provided by blood tests is persuasive.
  • Urine tests. These tests work by evaluating the amount of ethyl glucuronide found in urine. This substance is an ethanol alcohol present in the urine sample of someone who has consumed an alcoholic beverage.

Proving Negligence

If you’ve been injured in a vehicle collision with a drunk driver, you must prove that he was negligent in order to receive the compensation you deserve. While chemical tests can help you establish the other driver’s negligence, they're not required. Even when test results aren’t available, a driver may still be considered impaired. The police report, which may be supplemented by testimony from the responding officer, can establish impairment of the at-fault driver.

An experienced personal injury attorney can help you gather the evidence you need to prove your claim. To learn more, contact the law offices of Steve M. Lee, P.C., by using the form on this page.

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