One of the most important elements in a drunk driving accident claim is the level of intoxication of the driver at fault. This is determined through a breath or blood test which measures the blood alcohol concentration (BAC). If you’re injured in a crash and the other driver seems drunk, make sure to call the police so they can administer the test as soon as possible.

How does alcohol influence driving abilities?

Virtually all states have awareness campaigns aimed at reducing the number of drunk driving accidents, but the numbers are still very high. Across the US the legal limit for drunk driving is 0.08% for regular drivers and 0.04% for commercial drivers. The difference is justified by the fact that when you’re at the wheel of a semi you cannot afford to be impaired as the consequences of an accident can be dramatic.

To understand the difference let’s have a look at how various BAC levels impact a person’s ability to drive:

0.05% BAC

This causes exaggerated behavior, loss of small-muscle control (including those responsible for eye focus), and impaired judgment. A driver with this BAC will have trouble tracking moving objects, reduced coordination, and delayed response in an emergency situation.

0.08% BAC

A driver with such BAC can be charged with DUI. The alcohol in their system severely impacts muscle coordination, (causing problems with balance, speech, vision, reaction time, and hearing). The driver’s reasoning powers, judgment, and self-control are diminished. All these will affect the driver’s perception of their surroundings and their information processing capabilities.

0.15% BAC

At almost twice the legal limit, the driver will have slurred speech, marked deterioration of reaction time, poor muscle control, and trouble with balance. A driver in this state can have serious difficulties in maintaining control of the vehicle. Their visual and auditory information processing will be substantially impaired and they’ll have trouble focusing on the task at hand, that is driving

How does the driver’s BAC influence the jury’s decision?

When you want to file a personal injury lawsuit, the first thing your drunk driving accident attorneys will want to know is the guy’s BAC, as this will weigh heavily on the jury’s decision.

If a guy causes an accident, but he only had a beer with his lunch his BAC may even be below the legal limit. The jury is made up of people just like you and the driver. Most of them probably like a beer or a glass of wine with their lunch. They may sympathize with the defendant and the damages they award you may be lower.

On the other hand, if the drunk driver was twice or three times over the legal limit, this is quite serious. Your lawyers may bring witnesses to describe just how drunk the defendant was. The damages you get will be significantly higher. At the same time, in such a case, most juries will also impose punitive damages, as driving in such a state clearly indicates total disregard for the safety of other road users.

Source: NHTSA Drunk Driving