In terms of personal injury claims, the successful pursuit of a case after being injured in a car accident will require strong evidence that shows another individual or business’s negligent caused the accident resulting injuries. In situations where the at-fault driver is convicted of DUI in criminal court, such a conviction can be used to help prove the driver’s liability for damages in civil court.
It is not uncommon for police officers to ask both drivers involved in a crash if one of them has been drinking. The officer will also look for evidence of drinking, such as beer cans in view. Other evidence may include red, glassy eyes, the smell of alcohol and other signs of impairment in the drivers. If evidence of drinking exists, then the police will likely perform field sobriety tests, breathalyzer tests and/or blood and urine testing.
In the state of Virginia, there are no specific implied consent provisions related to blood alcohol testing after a serious car accident nor are there any specific state laws that address this issue. However, if police suspect that a driver involved in the accident was inebriated then they will act accordingly.
Virginia drivers who can prove in civil court that they were hurt by a driver’s decision to drive while intoxicated may wish to pursue financial restitution. Family members of individuals killed by a drunk driver, may also have viable wrongful death claims for damages. By consulting with a Virginia personal injury attorney, injured parties can gain a sense for the strengths and weaknesses of their claims and make a decision about the best legal approach to take with their claims.
Source: FindLaw, “Drunk driving accidents” Dec. 02, 2014