How Can You Prove the Other Driver Was Drunk or Drugged?
Car accidents are already messy. Add alcohol or drugs into the mix, and the stakes rise fast. But here’s the reality: suspicion alone won’t get you compensated in Nevada. To win your case, you need solid proof that the other driver was impaired.
How can you actually prove intoxication when the other side swears they were sober? That’s something our attorneys at Mainor Ellis Injury Lawyers have helped accident victims with over the years.
Nevada Law on Drunk and Drugged Driving
Nevada sets clear rules. Under NRS 484C.110, a driver is legally intoxicated if their blood alcohol concentration (BAC) is 0.08% or higher. For commercial drivers, the limit is 0.04%, and for drivers under 21, it’s 0.02%.
When it comes to drugs, the statute prohibits driving under the influence of controlled or prohibited substances, whether prescription or illegal. That means marijuana, opioids, stimulants, and others. Even if the driver had a prescription, impairment still counts as illegal behind the wheel.
The Building Blocks of Proof Against a Drunk or Drugged Driver
So, how can you build your case to prove that the other driver involved in the crash with you was under the influence of alcohol or substances? That’s where you will need the building blocks.
- Police Reports
The police report is your first weapon. If the responding officer smelled alcohol, saw open containers, or noted erratic behavior, those observations go into the official record. If field sobriety tests were conducted, they’ll be included as well. These details are critical, even if the driver wasn’t immediately arrested.
- Chemical Tests
Breathalyzers, blood draws, and urine tests are the gold standard. They quantify impairment in black and white. While defense lawyers often attack the accuracy of these tests, properly collected samples carry enormous weight in court. If the test shows intoxication, that’s the nail in the coffin for liability.
- Witness Testimony
Bystanders, other drivers, even passengers can be powerful witnesses. Did someone see the other driver stumbling? Slurring their words? Buying drinks right before the crash? Eyewitness accounts reinforce the story that impairment caused the wreck.
- Video and Digital Evidence
Surveillance cameras, dashcams, or even bar receipts can help. We’ve seen cases where Uber ride logs, social media posts, or text messages were the smoking gun. Sometimes the evidence isn’t about the crash itself but what the driver was doing in the hours before.
Proving Causation, Not Just Consumption
Here’s where Nevada law gets strict: it’s not enough to show the driver was drinking or using drugs. You have to connect impairment to the crash. That means proving that their intoxication directly caused the accident, whether through delayed reaction time, swerving, or running a red light.
For example, if the driver was above the legal BAC but got rear-ended while stopped at a red light, their intoxication didn’t cause your injuries. Lawyers need to thread that needle carefully.
Why Evidence in Drunk or Drugged Driving Accidents Gets Messy
Proving intoxication isn’t always straightforward. Breath tests can be challenged. Field sobriety tests are subjective. And some drugs linger in the bloodstream long after their impairing effects fade. That’s why collecting multiple forms of evidence builds the strongest case.
That’s why it could help if you contact a Las Vegas drunk or drugged driving accident lawyer quickly before evidence gets lost or destroyed.
Need Proof the Other Driver Was Under the Influence?
In Nevada, proving the other driver was drunk or drugged takes more than suspicion. It takes evidence that holds up in court. Police reports, chemical tests, witnesses, and video all come together to show intoxication and causation. But where do you even get started?
If you’ve been hit by a drunk or drugged driver, contact Mainor Ellis Injury Lawyers today. We’ll investigate, preserve evidence, and build a case that ensures you’re not left paying for someone else’s reckless choices. Call at 702-450-5000 to schedule a free case review and discuss how we can help.
Source:
leg.state.nv.us/nrs/nrs-484c.html
