Anyone can become involved in an accident while driving. So many factors go into driving on the road, and whether it's the heavy volume of traffic, adverse weather conditions or a reckless driver, sometimes an incident cannot be avoided.
When a person is involved in an accident that is attended by the police, it is possible that they will ask him or her to perform a Breathalyzer test. This will enable the police to gain an indication of the driver's level of intoxication. If the driver's blood alcohol concentration (BAC) is measured at .08 percent or higher, he or she will be charged with driving while intoxicated.
Does being charged with a DUI mean that he or she is responsible for the accident?
When a driver is charged with a DUI, it means that the police believe that he or she was driving while being under the influence of alcohol, above the legal limit. However, it is important to draw the line there. Because although driving under the influence of alcohol can mean that he or she was more likely to drive dangerously, there are many other factors that could have come into play.
If you, as a driver that was not intoxicated, made an unsafe decision on the road that was seen to have caused the collision with the drunk driver, it is possible that you could be ruled as being at fault. However, statistically speaking, it is more likely that a drunk driver would be charged with causing an accident.
If you were in a car accident involving a drunk driver, it is important to take action so that you can establish who was to blame.
Source: FindLaw, "Drunk Driving Accidents," accessed April 12, 2018