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Impaired driving remains one of the leading causes of serious or fatal car accidents. When we hear about impaired driving, most people immediately think of alcohol. However, both legal and illegal drugs can be just as dangerous—and proving whether a driver was impaired can have a significant impact on your car accident claim.
Understanding Impairment: Alcohol vs. Drugs
Georgia considers drunk driving to be operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Alcohol metabolizes in predictable ways, so law enforcement and the courts have standardized methods to test for impairment.
Drugged driving, on the other hand, involves driving under the influence of drugs like marijuana, prescription medications, over-the-counter drugs, or illegal controlled substances. These drugs don’t have a universal impairment threshold like alcohol. Some drugs linger in the system for days or weeks after use. It can be difficult to prove whether a driver was impaired when the crash happened.
In Georgia, both drunk and drugged driving are criminal offenses. The law doesn’t discriminate when it comes to impairment: driving impaired by alcohol, illegal drugs, prescription and over-the-counter drugs, or a combination is all illegal.
Proving Impairment in a Personal Injury Case
When you’re filing a personal injury claim, you must prove the at-fault driver was negligent. Driving under the influence is clearly negligent—but proving alcohol impairment is often easier.
For example, tests showing a BAC over the legal limit are clear evidence of impairment. The police report, breathalyzer results, and DUI conviction can also be used to establish negligence.
Proving drug impairment is harder. Generally, law enforcement is trained to recognize signs of drug impairment based on behavior and appearance. They may use field sobriety tests and blood tests—but field sobriety tests are notoriously unreliable, and blood tests may not prove the driver was impaired at the time of the crash. Therefore, drug impairment often requires additional investigation and expert testimony.
If you suspect drunk or drugged driving was a factor in your car accident case, it’s important to get a lawyer involved as soon as possible. A skilled attorney can investigate your claim and build a strong case on your behalf.
Punitive Damages for DUI Accidents
When you win a personal injury claim, you’re typically entitled to compensation for your medical expenses, lost wages, pain and suffering, and related damages. These categories are called “compensatory damages” because they financially compensate for a specific type of loss.
Georgia also allows punitive damages in DUI-related personal injury claims. Punitive damages go beyond compensating the victim—they are intended to punish the offender and deter similar behavior in the future.
To qualify for punitive damages, you must show that the defendant’s actions demonstrated “willful misconduct” or a conscious disregard for other people’s safety. Impaired driving typically meets this standard. A knowledgeable personal injury lawyer can explain whether you’re likely to receive punitive damages after a DUI-related accident.
What to Do If You’re Injured by an Impaired Driver
Car accidents can be terrifying, and DUI-related crashes are more likely to cause serious harm. It’s important to take action right away to protect your rights and preserve evidence. If you’re involved in a crash and suspect the other driver is impaired, here’s what you should do:
- Call 911 to report the accident and tell the operator you suspect the driver is impaired.
- Seek medical attention immediately, even if your injuries seem minor—some injuries show up hours or days later.
- If you’re physically able, document the scene with photos and witness information.
- Contact a personal injury attorney as soon as your medical condition is stable.
The earlier you get a lawyer involved, the better. Your attorney can help ensure evidence like police reports, toxicology tests, and traffic camera footage is preserved.
Speak With a Macon Car Accident Attorney Today
The legal team at Joshua E. Palmer Law Firm has extensive experience representing injury victims in Macon and surrounding Georgia communities. We know how to build strong claims and fight for every dollar you deserve. Call us today for a consultation.
