Could a DWI Be Used as Evidence in a Separate Car Wreck Injury Case?
Driving while intoxicated (DWI) refers to operating a vehicle while the reflexes and cognitive functions are influenced by alcohol, drugs, or a combination of the two. A blood alcohol concentration of 0.08 is evidence of DWI, but a driver can be charged even if they test under the legal limit, if alcohol or drugs impairs their ability to operate a motor vehicle.
When a car accident victim seeks damages from a motorist charged with DWI resulting from the collision, proving the driver’s negligence could potentially be easier. If a law enforcement official found reason to bring the charge, this is evidence that the driver did not have full control of their mental and physical functioning when the accident happened. A local lawyer could interview the charging officer and subpoena relevant test results to bolster an injured party’s claim that their losses resulted from the other driver’s intoxication.
A DWI charge supports a victim’s claim for damages even if the criminal case against the offender does not end in conviction or a guilty plea. A prosecutor must prove criminal charges beyond a reasonable doubt, which is a very high standard. A case seeking damages for personal injuries sustained in a vehicle collision is brought in civil court, where the applicable standard is proof by a preponderance of evidence, which is easier to meet if the defendant driver was found drunk by a Parker officer.