Seattle Drunk Driving Accident Lawyer

What is Considered Drunk Driving in Washington State?

In Washington State, drunk driving is governed by laws that prohibit operating a motor vehicle while under the influence of alcohol or drugs. The legal limit for blood alcohol concentration (BAC) in Washington is 0.08%. This means that if a driver's BAC level is at or above 0.08%, they are considered legally impaired and can be charged with driving under the influence (DUI).

However, it's important to note that even if a driver's BAC is below 0.08%, they can still be charged with DUI if they exhibit signs of impairment and their ability to drive safely is compromised. This is often determined through field sobriety tests conducted by law enforcement officers.

Additionally, Washington State has stricter penalties for drivers under the age of 21. For those under 21, the legal limit is much lower, typically around 0.02% BAC. This zero-tolerance policy means that any detectable amount of alcohol in their system can result in DUI charges.

Proving Liability in a Drunk Driving Accident

Proving liability in a drunk driving accident in Washington involves gathering evidence to demonstrate that the intoxicated driver's actions directly contributed to the crash and resulting damages. Here are the key steps typically involved in proving liability:

• Police Report: The police report filed at the scene of the accident is often a crucial piece of evidence. It may include statements from witnesses, observations made by responding officers, and any preliminary assessments of fault.
• Field Sobriety Tests: If the driver was suspected of being under the influence of alcohol or drugs, law enforcement officers likely conducted field sobriety tests. Documentation of these tests and any subsequent breathalyzer or blood tests revealing the driver's BAC level can be significant evidence of impairment.
• Witness Statements: Eyewitness testimony from individuals who saw the accident occur can provide valuable insight into the events leading up to the crash and the behavior of the intoxicated driver.
• Medical Records: Medical records documenting injuries sustained by the victims of the accident can help establish the severity of the crash and the extent of damages suffered. These records may also include blood alcohol test results if conducted at the time of treatment.
• Social Media and Electronic Records: In some cases, evidence of the driver's intoxication or behavior leading up to the accident may be found on social media or electronic devices. This could include posts, messages, or photos indicating the driver was drinking prior to driving.
• Prior DUI Convictions or History: If the driver has a history of DUI offenses, this information may be relevant in establishing a pattern of behavior and demonstrating negligence or recklessness.

By gathering and presenting this evidence, plaintiffs can effectively demonstrate the liability of a drunk driver in causing the accident and seek compensation for their injuries and losses through a personal injury lawsuit or insurance claim.

Dram Shop Laws in Washington

In some cases, an intoxicated driver may not be the only party responsible for a crash. Dram shop laws hold alcohol vendors accountable for serving alcohol to individuals who are visibly intoxicated or minors who subsequently cause injury or harm to others due to their intoxication.

According to Washington State law, alcohol vendors, such as bars, restaurants, or liquor stores, can be held liable for injuries or damages caused by intoxicated individuals if they knowingly served alcohol to someone who was visibly intoxicated or underage (under 21 years old).

The following elements must typically be demonstrated:

• Observable Signs of Intoxication: There must be evidence that the individual exhibited observable signs of being under the influence of alcohol. These signs can include slurred speech, impaired coordination, unsteady gait, bloodshot eyes, or an odor of alcohol on the breath.
• Behavioral Indicators: It's important to establish that the person's behavior indicated intoxication. This could include loud or boisterous behavior, aggressiveness, difficulty focusing or understanding, or other behaviors commonly associated with being drunk.
• Witness Testimony: Testimony from witnesses who interacted with the individual at the establishment can be crucial. Witnesses may include other patrons, staff members, or security personnel who observed the individual's behavior and demeanor.
• Duration of Stay: Evidence regarding the length of time the individual was at the establishment and the amount of alcohol consumed during that time can be relevant. If the person was at the establishment for an extended period and consumed a significant amount of alcohol, it strengthens the argument that they were visibly intoxicated.
• Video Evidence: If available, surveillance footage from the establishment showing the individual's behavior and interactions can be valuable evidence to support the claim of visible intoxication.

Individuals who suffer injuries or damages as a result of an intoxicated person's actions may file a civil lawsuit against the alcohol vendor that served the intoxicated individual. Alcohol vendors may defend themselves against liability by demonstrating that they did not serve alcohol to someone who was visibly intoxicated or underage, or that they were unaware of the individual's level of intoxication.