The Role of BAC in an Alaska DUI Accident Case

Anyone can make a mistake or error in judgment while behind the wheel, and you could probably point to a few occasions where you have been careless while driving. However, driving under the influence of alcohol involves a (somewhat) conscious decision to get into a car and put other people at risk. According to the US Centers for Disease Control and Prevention (CDC), almost 30 people are killed in motor vehicle accidents involving an impaired driver every day in the U.S. In other words, someone dies every 60 minutes in a DUI crash. Thousands of others are injured, leading to financial and emotional losses in addition to the physical pain.

You may qualify to recover compensation for these losses if you can prove that the at-fault motorist caused the crash by failing to exercise reasonable care while driving. As you can guess, information related to the driver’s blood alcohol concentration (BAC) would be powerful evidence. While true, these cases are still complicated. Though you can rely on an Anchorage car accident lawyer to tackle the challenges, you might find some background information helpful.


BAC is Evidence

Car accident cases are based upon the theory of liability known as negligence, and a focal point in these claims is how the at-fault driver breached the duty of care. A motorist is held to a reasonableness standard, which refers to what a prudent driver would do under the same circumstances. A prudent driver would never get behind the wheel while impaired by alcohol, which makes the results of a chemical test very important.

The legal limit in Alaska is .08%, and officials can measure it via breathalyzer, urinalysis, or a blood test. At the scene of a crash, it is unlikely that you will have access to this information from a drunk driver, especially if you sought immediate medical care. Still, BAC evidence will be used by officials in the criminal case, making it available as evidence in your civil claim for damages.


Other Evidence in a DUI Accident Case

There are many reasons BAC evidence might not be available. For one, the at-fault driver might have refused to blow. Also, prosecutors can still convict in a DUI case based upon impairment, which does not require proof of BAC. Fortunately, there is other evidence that may support your claim:

  • If officers arrested the motorist for impairment, there will be indications in the police report describing the details. The report might include commentary on bloodshot eyes, slurred speech, or the aroma of alcohol.
  • You are an eyewitness in your own case, so YOU can testify on the other driver’s impairment.
  • Drunk drivers tend to violate other traffic laws because of reduced capabilities, so evidence that the other motorist received a ticket could support your case.

Our Alaska Car Accident Attorneys Will Fight on Your Behalf 

To learn more about BAC evidence and proving your rights in a DUI case, please contact Power & Power Law in Anchorage, Alaska. We are happy to set up a free consultation to discuss the details and legal strategies.