It has been tragically well-documented about the dangers of drunk driving. Our Virginia Beach car accident lawyers have successfully represented many victims who were seriously injured in accidents caused by intoxicated drivers.
Under Virginia law, a driver who has a blood alcohol content (BAC) of .08 by weight by volume is presumed to be intoxicated according to Virginia law. For a driver operating under a commercial driver’s license (CDL), that legal limit is 0.04. However, this is a rebuttable presumption and does not mean – at least in the Commonwealth of Virginia – that someone is automatically guilty.
Proving an At-Fault Driver Was Intoxicated
Introducing evidence of alcohol consumption in personal injury cases is even more involved, and it can be very difficult for a plaintiff (the victim) in a personal injury case to introduce evidence of the defendant’s (at-fault driver) intoxication at levels below 0.15. But what happens if a driver who causes an accident is found to have a BAC lower than the legal limit?
Despite not being “legally drunk,” several recent studies have concluded that no amount of alcohol is a safe amount to get behind the wheel of a vehicle. Buzzed drivers – those driving with a BAC of between 0.01 to 0.07 percent – are almost twice as likely to be the at-fault driver in a car crash with a sober driver. Yet, because they are under the limit for a presumption of intoxication, buzzed drivers rarely face the legal consequences that a drunk driver would face.
These studies have found that there is no clear, safe threshold limit for alcohol that may or may not impair a person’s ability to drive. One study even recommended that all state legislatures lower the BAC legal limit to a minimum of 0.05, which is the limit in most European countries.
BAC Levels
An accurate blood alcohol concentration (BAC) reading is necessary evidence in determining whether a driver’s level of intoxication is over the legal limit. The following is an overview explaining the effects of alcohol at each BAC level and how a driver’s ability to safely operate a vehicle may be impaired:
0.02 Percent
A 0.02 percent reading indicates that a person has consumed around two alcoholic beverages. The effects of this amount of alcohol include relaxation, altered mood, and a decline in judgment. Drivers with this BAC level may also experience reduced visual function and a lowered ability to multi-task.
0.05 Percent
A 0.05 percent BAC reading is the equivalent of approximately three alcoholic drinks. A person with this level of alcohol in their system may begin to exhibit loss of small-muscle control, impaired judgment, and reduced alertness. For a drunk driver, this often translates to trouble steering, impaired coordination, the inability to respond quickly to emergencies, and difficulty tracking objects in motion.
0.08 Percent
A BAC level of 0.08 percent is the equivalent of around four alcoholic drinks and represents the legal limit for drivers nationwide. A person with this BAC will begin to exhibit poor muscle coordination, impaired reasoning, and a lack of self-control. Drivers will experience an inability to control speed and respond to changing lights or unexpected vehicles.
0.10 Percent
A reading of 0.10 percent indicates that a driver has consumed approximately five drinks. Drivers with this amount of alcohol in their systems experience a severe drop in reaction time and control, which is usually evidenced by an inability to stay in their lane or brake when needed.
0.15 Percent
A 0.15 percent reading represents the consumption of around seven alcoholic beverages. A person at this level of intoxication will begin to exhibit decreased muscle control and a severe loss of balance. A driver’s ability to control a vehicle will be substantially impaired, and they will struggle with focusing and processing auditory and visual information.
Call Our Personal Injury Law Firm for Legal Assistance
Unfortunately, no matter how many precautions you may take to stay safe, there are far too many other drivers on the road who fail to do the same. If you are injured in a drunk driving accident, contact Shapiro, Washburn & Sharp to schedule a free and confidential consultation with one of our Virginia Beach car accident lawyers to find out what legal options you may have.
Our firm has successfully obtained more than $100 million in settlements and verdicts, like the $200,000 personal injury insurance settlement we obtained for one client who suffered a broken hip and a fractured vertebra when a highly intoxicated driver crashed into his car.
For your convenience, we have offices in Virginia Beach, Norfolk, Hampton, Portsmouth, Suffolk, and Kitty Hawk, North Carolina.