Detroit Drunk Driving Accident Lawyer

According to Michigan Impaired Driving Law, drunk driving is any operation of a vehicle after alcohol has been consumed. A driver can be arrested with any BAC (blood alcohol concentration) if they exhibit signs of impairment while operating a motor vehicle.

However, criminal charges and citations for drunk driving can vary depending on the specific BAC level and the damages that resulted from the accident.

In Michigan, it is considered a crime when a driver has a BAC of .08 or greater if over the age of 21 and .02 or greater for those under 21. For anyone driving with a BAC of .17 or higher, Michigan law comes with enhanced penalties.

If the BAC is below .17 and it is a first-time drunk driving offense, the driver consequences are as follows:

• Up to a $500 fine
• Up to 93 days in prison
• Up to 360 hours of community service
• 6 points on the driving record/driver’s license
• Up to 180 days of license suspension

If the BAC is .17 or higher and it is a first-time drunk driving offense, these are the consequences:

• Up to a $700 fine
• Up to 180 days in prison
• Up to 360 hours of community service
• 6 points on the driving record/license
• Up to one year of license suspension
• Mandatory completion of an alcohol treatment program
• Ignition interlock device (a breathalyzer) to operate a vehicle

A person injured by a drunk driver can obtain both “economic losses” and “non-economic losses” due to their injuries. Economic losses include the payment of lost wages, past medical bills, future medical expenses, replacement services, and other benefits. These damages are covered by the Michigan no-fault law.

Non-economic losses include things like pain and suffering, emotional distress, scarring, anxiety, depression, loss of society and loss of consortium.

Getting hit and injured by a drunk driver is an extremely traumatic and frustrating event. An aggressive Detroit drunk driving accident lawyer can help you obtain the most money possible. This will depend on the injuries, the amount of past medical care and future medical care, as well as the expertise of your lawyers.  

Detroit drunk driving accident cases are complex. Whether you are the drunk driver or the victim of a drunk driving accident, you will need to work with an experienced Detroit drunk driving accident lawyer to ensure the right party is held accountable.

Furthermore, you will need a Detroit drunk driving lawyer to help you obtain evidence to prove the substantial damages you sustained as a result of the crash. The more concrete evidence you can provide that shows what happened and how badly your life has been affected, the higher settlement you can win.

There are also many state-specific laws and regulations regarding drunk driving accidents that can make these cases more difficult than other car accidents. An experienced Detroit drunk driving accident lawyer will know how to deal with these laws while ensuring you receive the best possible outcome.

In most cases, the drunk driver is almost always at fault. However, there are rare cases when another party could be responsible for the accident that occurred.

Typically, the law uses something called Negligence Per Se to assess drunk drivers at fault in an accident in which they were involved. This essentially means that the drunk driver is typically the one that carries the blame simply because they were breaking the law while driving drunk.

But, it is possible that the fact that they were drunk or driving impaired did not cause the accident. For example, if the drunk driver was obeying all other traffic laws other than being drunk, and another driver ran a red light or was speeding, that driver — as opposed to the drunk driver — could be at fault for causing the crash. 

That is why it is important to speak to a Detroit drunk driving accident lawyer as quickly as possible after a crash. The responding police officers should perform a field sobriety test on the drunk driver as well as a breathalyzer to measure the blood alcohol level. These results will be on the police report or any addendum reports. Witnesses to the crash are also important and its vital to track them down before they disappear.  

To obtain money compensation from a crash caused  by a drunk driver, it is important to get medical treatment. This is how to prove pain and suffering. Medical documentation can then substantiate the pain, limitations and impairments you are experiencing.

A doctor will ask you for a medical history and perform a physical examination. A doctor can refer you to a specialist who can treat more serious injuries. For example, if you are having low back pain, neck pain and other whiplash symptoms, an objective test like an MRI, or EMG (nerve conduction study) can show whether there is a disc herniation. An x-ray and CT scan can show whether a bone is broken and the severity of the break. This information is very important evidence.  

Besides medical treatment, the testimony of friends, family and co-workers is very important. They can help explain to the defense attorney how the drunk driver has affected your life. Expert witnesses, like a doctor, can also explain what is causing the pain and whether it may be permanent. 

Yes. This is called a dram shop case. These cases are very fact specific. To hold the restaurant or bar accountable for over serving the drunk driver that caused the crash, you must meet certain rules. The law requires that the alleged visibly intoxicated person (drunk driver) be named in the action and retained until the conclusion of the action. MCL 436.1801(5). In addition, the Michigan Supreme Court in Reed v. Breton held a plaintiff must present evidence of actual visible intoxication. The breathalyzer score or the BAC level of the drunk driver is not enough. Instead, the plaintiff must produce witnesses who can testify the drunk driver was showing signs of intoxication.  

It is important to contact a Detroit drunk driving accident lawyer as soon as possible after a crash. A thorough investigation is needed to pursue a lawsuit against the bar or restaurant. The quicker the investigation can begin, the better. 

One myth about drunk driving in Michigan is that you won’t be covered by insurance if you get into an accident while drunk.

You can still be covered by your own no-fault insurance benefits if you were driving while drunk. However, keep in mind that if you are convicted of drunk driving as a crime, you could lose your insurance coverage and be denied coverage in the future.

You can also be sued by another party if you were driving impaired. And in this case, your insurance still must protect you from insurance settlements won in lawsuits.