Proudly Fighting
for West Virginia
Injury Victims


How to Prove a Driver Was Under the Influence in a Drunk Driving Case

Published on May 14, 2021 at 4:33 pm in Car Accidents.

How to Prove a Driver Was Under the Influence in a Drunk Driving Case?

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. 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.

An intoxicated driver needs to be held accountable for their negligent actions and the reckless decision they made. 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. You can know your rights will be protected and that the drunk driver will be held responsible for what they’ve done.

How Your Lawyer Will Prove the Driver Was Drunk

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. One of first aspects that your attorney will look into are the laws surrounding drunk driving in West Virginia. According to state law, any driver with the blood alcohol concentration (BAC) of .08 or higher is considered to be intoxicated and is illegal for them to get behind the wheel.

Even though it isn’t above the legal limit, a BAC over .05 can also end with repercussions for a driver. 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.

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. Here’s how they’ll prove the other driver was drunk at the time of the accident:

  • Police report. One of the key elements to your case is 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.
  • Breathalyzer or blood tests. 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. This documentation is vital to proving that the driver was drunk when they collided with you.
  • Witness statements. Your lawyer will collect statements from witnesses who will testify that the driver was drunk at the time of the accident. This also ensures that documentation places the driver behind the wheel of the car at the time of the collision. Witnesses like bartenders can also help if they saw the driver was visibly intoxicated when they left the bar.
  • Photographs. Any photographic evidence of the scene can help show the damages that happened. Those specific damages can also show how the accident was caused.
  • Accident recreation. Sometimes experts will be needed to recreate the accident so that your lawyer can prove that the driver was drunk and caused the wreck that left their client with injuries and other damages.

When you have an experienced lawyer on your side after you’ve been the victim of a drunk driver, you can feel confident that they’ll know how to prove the driver was intoxicated and caused your collision. Let’s take a look at some of the consequences a drunk driver might face for their decisions.

Consequences of Drunk Driving in West Virginia

When a driver decides to get behind the wheel when they’re intoxicated, they will face consequences for their actions. Offenders can face jail time, fines, and could be required to get an interlock ignition device in their cars to ensure they haven’t had alcohol before driving their car.

Depending on the age of the driver and their offense, they could face jail time from 24 hours to 10 years. Similarly, fines range from $25-$5,000. These drivers also can face revocation of their license. When they don’t choose to get an ignition interlock system, this could be from 60 days up to 2 years. When they choose to have the system installed, or if it’s mandatory, it can be anywhere from 15 days to one year without a license.

Our Drunk Driving Accident Lawyer Will Represent You

Hiring an attorney from DiPiero Simmons McGinley & Bastress, PLLC will have you feeling confident that you are represented from an experienced drunk driving accident lawyer in Charleston. We are here to fully investigate what happened to you and prove that the other driver was under the influence in your drunk driving case.

Contact our office today so we can get started helping you right away. We’ll calculate exactly how much you’re owed so you don’t settle for less than you deserve.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice. Viewing does not constitute an attorney-client relationship. Prior case results do not guarantee a similar outcome.
© 2024 DiPiero Simmons McGinley & Bastress, PLLC | All Rights Reserved. Privacy Policy. Legal InSites - Law Firm Digital Marketing