Many people overestimate their driving abilities as well as their ability to hold their liquor. Those driving while buzzed in Grand Junction may falsely assume they will avoid an accident because they do not think they are drunk enough to pose a risk. However, alcohol can greatly impair a driver’s ability to operate their vehicle safely, even if the driver is not operating over the legal limit.
If you believe the driver who struck you was under the influence of alcohol, you may have grounds to pursue a civil lawsuit. Skilled car accident attorneys from Veritas Injury Lawyers can help you navigate the legal process.
Pursuing a Legal Claim Against a Drunk Driver After a Criminal Conviction
State criminal courts recognize different degrees of drunk driving:
Drivers With a BAC of 0.08 Percent or Higher
According to Colorado Revised Statutes § 42-4-1300(2)(a), someone is driving under the influence (DUI) per se when they have a blood alcohol content (BAC) level of 0.08 percent or higher while behind the wheel or within two hours after driving. As a per se offense, the state presumes that the driver committed a DUI. Instead of the state needing to prove that the driver was drunk, the burden of proof shifts to the driver to prove their innocence. If convicted of criminal DUI charges, the driver may face monetary fines, loss of their driver’s license, and jail time, depending on the circumstances of the alleged crime and the driver’s history of DUI convictions.
Drivers With a BAC Under 0.08 Percent
Even if a driver did not have a BAC of higher than 0.08 percent, they may still face criminal charges for driving while ability impaired (DWAI), as outlined in Colorado Revised Statutes § 42-4-1300(6)(a)(ii). If the driver’s BAC was above 0.05 percent, but under 0.08 percent, a criminal court may assume the driver’s use of alcohol impaired their ability to operate their vehicle safely. Although the driver would face lesser charges than for a DUI, a DWAI is still a criminal offense.
If the driver who caused your accident was convicted of criminal intoxication, you can use that conviction to prove the driver’s fault in a civil case. Our skilled Grand Junction attorneys can use the criminal conviction to help establish the intoxicated driver’s liability in a civil claim for compensation.
Pursuing a Legal Claim Against a Drunk Driver Without a Criminal Conviction
Many people assume they cannot pursue a civil suit if the defendant was not convicted of criminal charges. However, the burden of proof is significantly lower in civil suits. Even if a criminal jury did not find a driver to be guilty of a DUI or DWAI, a civil court may still rule in your favor. In a civil suit, you only need to establish that it was more likely than not that someone’s intoxication contributed to the accident. You do not need to establish this beyond a reasonable doubt in a civil suit.
Our Grand Junction legal team can help you build a strong claim against a drunk driver without a criminal conviction by investigating the circumstances of the accident. We will review police reports and interview witnesses to determine whether the driver engaged in reckless behavior. Even if the driver’s BAC was below 0.08 percent, we can use the BAC, field sobriety tests, and breathalyzer results to help establish impairment.
Contact a Grand Junction Attorney About an Intoxicated Driver
If you suspect that the person who harmed you was driving while buzzed in Grand Junction, it is important to understand your legal rights.
Contact Veritas Injury Lawyers today. Our dedicated team can help you review your legal options.
