Impairment and Intoxication: What’s the Difference?

In some ways there’s no difference between driver impairment and driver intoxication, because quite frankly, dead is dead. A third of tortfeasors (negligent drivers) who cause fatal collisions have a BAC level of at least .01. Before the coronavirus pandemic, the number of fatal drunk driver crashes had been declining steadily since the 1990s. Then, for various reasons, the number spiked and hasn’t decreased much.

In other ways, as outlined below, there’s a significant difference between alcohol impairment and alcohol intoxication. The biggest difference may be the way a San Marcos personal injury lawyer approaches these cases. The proper approach guarantees maximum compensation for serious injuries. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Impairment

At any level, alcohol clouds judgement and slows down motor skills. This combination is often good at parties when people want to relax. But the combination is deadly behind the wheel.

Usually, a San Marcos personal injury lawyer must use circumstantial evidence to prove alcohol impairment. This evidence includes:

• Departure Point: If Michael just left a party where alcohol was served, it’s more likely than not that he had something to drink at the party. More likely than not (a preponderance of the evidence) is usually the burden of proof in civil court.
• Erratic Driving: As mentioned, alcohol clouds judgment and inhibits motor skills. So, impaired drivers have trouble judging things like the amount of time before a light changes. They also swerve and otherwise have trouble controlling their vehicles.
• Physical Symptoms: Individually, physical symptoms such as bloodshot eyes, unsteady balance, and slurred speech prove almost nothing. But since the burden of proof is so low in civil cases, the whole of this evidence is greater than the sum of its parts.
• Tortfeasor’s Statements: Especially if statements like “I only had two beers” are recorded in the official police report, these statements are usually admissible in civil court. The Fifth Amendment’s right to remain silent only applies in criminal court.

Frequently, a lawyer partners with an investigator to obtain such evidence. Once a legal team collects sufficient proof, the insurance company usually settles alcohol-related crash claims out of court, and on victim-friendly terms.

Intoxication

For a number of reasons, compensation is usually higher in driver intoxication matters, especially in California.

Most people are legally intoxicated after about three drinks. To jurors, these drivers simply appear negligent. They usually knew they were too drunk to drive, but they got behind the wheel anyway, recklessly putting other people at risk.

Intoxication cases are also easier to prove in the Golden State, because of the negligence per se rule. If a tortfeasor violates a penal safety law, such as the DUI law, and that violation substantially causes injury, the victim could be entitled to compensation as a matter of law. So, the aforementioned evidence goes directly to proving the amount of damages.

The negligence per se doctrine applies in civil court regardless of what happens to the case in criminal court. The mere issuance of a citation is sufficient.

Count on a Hard-Hitting San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in San Marcos, contact the Pursley Law Firm. Virtual, home, and hospital visits are available.

Source:

.nhtsa.gov/risky-driving/drunk-driving