Do I Need a DUI Ticket as Evidence in an Alaska Drunk Driving Crash?

Every US state imposes strict penalties upon motorists who drive while under the influence of alcohol, including jail time, fines, and a driver’s license suspension. Under the Alaska DUI statute, an intoxicated motorist faces a Class A Misdemeanor with a mandatory minimum sentence of 72 hours’ incarceration. Plus, the judge could order a fine of up to $1,500, and the motorist’s driving privileges could be suspended for at least 90 days. For a second and subsequent conviction, all penalties increase significantly.

It is hard to believe that there are some motorists who still get behind the wheel after drinking too much, but drunk driving collisions continue to be a top cause of fatalities and injuries. If you were hurt, you might expect that your rights depend upon the at-fault driver getting a DUI ticket. However, the underlying legal issues are complicated, so assistance from an Anchorage car accident attorney is critical. Some basics about drunk driving collisions may also be informative.

Liability in DUI Crashes 

Drunk driving is illegal, and a ticket is how police officers enforce the laws. The incident is the beginning of a criminal case that could lead to jail time and fines, and it also triggers the administrative process regarding a driver’s license suspension. However, there are no rights or remedies for injured victims through these proceedings.

Instead, your legal options come through civil laws, in which you seek damages for the losses you suffer as a victim. To enforce your rights, you must prove that the at-fault motorist breached the duty to exercise reasonable care while driving. Being intoxicated behind the wheel is undoubtedly an example of a breach of the duty of care. A ticket would be solid proof of drunk driving, and a conviction would even be more decisive evidence. However, these are not the only ways to establish your rights.

Options for Proving Fault 

If you do not have a DUI ticket as evidence, there are strategies to prove negligence by the responsible motorist. Keep in mind that you do not need to meet the standard of proof that applies in a criminal case, which is proof beyond a reasonable doubt. Your burden as a plaintiff is a preponderance of the evidence, meaning its more likely than not that your facts are true.

To prove fault by the other driver, important evidence may include:

  • Surveillance cameras near the scene and along the route traveled by the motorist;
  • Credit card records, which could include charges for alcoholic beverages;
  • Pictures you take with your cell phone at the scene;
  • Statements from witnesses;
  • Your own recollection, including observations that the at-fault driver had been drinking.

Our Alaska Car Accidents Lawyers Will Assist with Legal Remedies

It is reassuring to know that there are multiple ways to prove your case after a DUI crash, but you should still rely on an experienced representative for help. Power & Power Law will fight to ensure you receive fair compensation, so please call 907-222-9990 or go online to reach our Anchorage, Alaska offices. We can schedule a free consultation to discuss details.