If you have been injured in an accident, and you suspect the other driver is intoxicated, it's in your best interest to secure evidence of the intoxication. Here are some of the tips you can use to ensure that you will be able to prove the driver's intoxication later on:
Inform the Police Officers of Your Suspicions
The blood alcohol level (BAL) reduces with time, which means you should move as fast as possible to secure the evidence. Therefore, as soon as the police officers arrive at the scene of the accident, inform them about your suspicions so that they can secure the evidence. For example, they may administer DUI tests to the driver while their BAL is still high and include the records in the accident report.
Note the Person Who Was Driving
If there was more than one person in the other car at the time of the crash, then it's possible that the drunk driver may switch positions with a sober passenger to avoid DUI charges. Therefore, if you are relatively unhurt and can move, note the position of the passengers in the car so that the police can later use the information to determine who was behind the wheel at the time of the crash.
Get Contacts of Witnesses
It is difficult to prove a point if it is just your word against the other motorist. It is best if you can get testimony from independent witnesses to support your claim. Therefore, if there are any witnesses at the scene of the accident, get their contacts so that they can later support your claims. For example, they can confirm that the person who was driving was indeed drunk and not the sober passenger as per the claims of the occupants of the other car.
Take Pictures of the Other Driver's Car
If the other motorist had open or empty bottles of alcohol in their car, then you can preserve the evidence by taking pictures of their car before they can get the chance to discard the bottles. Of course, empty bottles alone don't mean that the driver is drunk. However, you can use it in conjunction with other pieces of evidence to strengthen your claims.
Secure a Copy of the Police Report
Lastly, you will also need a copy of the police report to prove that the other driver was intoxicated at the time of the accident. The report contains the factual information about the accident (such as date and place), as well as initial observations of the police (such as whether the other driver appeared impaired). It is your responsibility to obtain a copy of the report from the police; they will not come looking for you with it.
Furnish your injury attorney with all the evidence you managed to preserve when you finally file your accident claim. The car accident attorney will know how to make good use of the evidence.
