Proving the driver that hit you was drunk

For many of those involved in car accidents in Kansas City that come to see here at Mayer and Rosenberg, P.C., the question of whether or not the drivers that caused their accidents were drunk weighs heavily on their minds. In most cases where the driver that struck you was intoxicated, that fact may be confirmed through subsequent sobriety tests. However, if investigators are late responding to scene or delay in testing the other driver’s level of impairment, he or she may have already metabolized enough of the alcohol in his or her system to come in under the legal limit.

Proving another driver was drunk without the support of an over-the-limit BAC test may come down to you understanding how quickly the body metabolizes alcohol. Determining a standard answer to this is next to impossible given that so many different factors are involved, including one’s gender, weight, and body mass index. External actions such as taking medication prior to drinking can also influence alcohol metabolism. Taking some of these influences into account, many say that it takes between 4-5 drinks for a person weighing 180 lbs. to reach a BAC level of 0.08.

Knowing this, you may want to pay close attention to the following aspects of the driver that causes your accident:

  • His or her physical build.
  • His or her actions following the accident.
  • Any mentions he or she makes about having been drinking earlier, including how many drinks he or she claims to have consumed.

You should also remember that the 0.08 BAC limit applies only to adults. According to the Missouri Department of Revenue, minors with a BAC in excess of 0.02 are considered legally drunk.

You can find further information on supporting a case against a drunk driver here on our site.


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