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Tips for winning a Drunk Driving Accident Claim in Denver

— May 3, 2022

You must call the police if you are in an accident and you smell alcohol on the other driver’s breath or you happen to see an open alcohol container in their car.

Denver, CO – The state of Colorado has some of the strictest laws on drunk driving in the country. There are two categories of impaired driving in Colorado and both can lead to criminal charges, prison sentences, and fines.

If you were recently involved in a crash and the other driver had alcohol or drugs in their system, you need to look up the best Denver DUI accident lawyers you can find to make sure you get all the damages you are entitled to.

What are the two categories of impaired driving in Denver?

In the US, a driver can be charged with drunk driving if their blood alcohol concentration (BAC) is .08. In Colorado, this is called DUI per se. It doesn’t matter if the driver doesn’t seem at all impaired and he drives cautiously. If they are stopped for whatever reason and subjected to a breathalyzer test, they can be charged with DUI if the result is .08 or higher.

On the other hand, in Colorado, you can still get in trouble with the law if you have a BAC of less than .08, but higher than .05. This is called DWAI, short for driving with ability impaired. In such a case, it is up to the police officer to decide if the driver’s abilities were indeed impaired. 

This is one of the main reasons you must call the police if you are in an accident and you smell alcohol on the other driver’s breath or you happen to see an open alcohol container in their car. In Colorado, it is illegal to have an open alcohol container in the car.

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Photo by Yash Lucid from Pexels

You should also check out the other driver’s behavior. If you see any sign that they are under the influence of some drug, make sure to point this out to the police officer. A driver can be charged with DUI if the drug test shows they had 5 nanograms of THC (the active substance in marijuana) per milliliter in their blood.

How can a Denver DUI lawyer help you?

If the driver that caused the crash faces criminal charges or not it’s his problem. If you were injured in the accident you must file a personal injury claim against their insurance company or you can sue the driver at fault.

To recover damages under a personal injury claim, you must prove that the other driver was negligent. Driving under the influence of drugs is considered negligence. 

If the other driver was over the legal limit, claiming negligence is much easier. 

If the driver’s BAC was between .05 and .08, you may need to prove that they were impaired. 

Your Denver accident lawyers will retrieve the police report which may mention that the driver’s ability was impaired. However, your lawyers may also want to talk to eyewitnesses who can testify that the guy’s behavior was erratic and he seemed unfit to drive. Also, your lawyers will scour the area for surveillance cameras that may have captured the moments before the accident. If the footage reveals dangerous maneuvers before the accident, it may be entered as evidence that the guy was impaired. 

Another important thing to keep in mind. The fact that the driver was impaired by drugs or alcohol does not make them automatically guilty. Your lawyers will still need to show how the accident happened and prove that it was the intoxicated driver who caused it. 

Attorneys Near Me

If you’re looking for an accident lawyer or need professional help with other legal matters, you may be wondering “Where can I find Attorneys Near Me?” Don’t worry, help is just a few clicks away. Just follow the link to go to the extensive database on Select the legal area you’re interested in, your state and your city, and schedule a free consultation with a trustworthy lawyer in your area.  

Source: Colorado Drunk Driving Laws

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