Field Sobriety Tests

Field sobriety tests are designed to detect alcohol impairment by gauging balance and coordination, logically assessing the situation, tracking movement, naming objects, and recognizing words.

Police officers use these tests to gain probable cause for arrest on suspicion of impairment. If a driver appears to be impaired by alcohol, such as being unsteady on their feet or showing signs of intoxication, such as slurred speech, police officers may administer field sobriety tests.

Field sobriety tests help determine whether someone is intoxicated. If the driver passes the test, probable cause is not present, and an arrest cannot take place.

There are various sobriety tests, but the three standardized tests are:

• The Horizontal Gaze Nystagmus Test: The Horizontal Gaze Nystagmus (HGN) test is used to check the level of intoxication by measuring velocity in eye movement. An ophthalmologist first developed it to check for eye conditions that are not noticeable otherwise, such as Horizontal Gaze Nystagmus (HGN), which happens in the retina and can be the result of drug or alcohol use. The test relies on the eye to follow an object to reveal if any alcohol or drug use has taken place recently.
• The Walk and Turn Test: The walk and turn test, also known as the divided attention test, measures your ability to balance, your use of arms and legs for balance, and whether you need to use your arms and legs for assistance while walking. Your ability to walk in a straight line and turn on one foot is used as an indicator of coordination and sobriety.
• The One Leg Stand Test: The one-leg stand test is a field sobriety test used to check someone’s balancing ability and coordination abilities. The one-leg stand test is a method of testing balance by checking to see if your drinking or drug use affected your balance. Making a mistake, such as using your arms or putting down your foot, could lead to being charged with a DUI.

Liability in Drunk Driving Accidents

A drunk driving crash can be more expensive than most people realize. When drunk drivers make the irresponsible decision to get into a car and drive, this behavior can lead to criminal and civil consequences.

After a DUI crash, the at-fault driver may be held financially responsible for property damage or personal injuries.

If someone is found guilty of drunk driving, there could be serious consequences like facing jail time and paying heavy fines. In addition to criminal liability, drunk drivers may face civil liability, especially in the case of a serious auto accident that causes severe injuries or death.

The accident victims or family members can file personal injury claims or a wrongful death lawsuit to recover damages. Our experienced Decatur drunk driving accident lawyers can help you recover damages and ensure the at-fault party is punished accordingly by the law.

What Damages Can You Recover After a Drunk Driving Accident in Decatur?

If you are a drunk driving accident victim, you can file a car accident claim to hold the drunk driver accountable. Some of the damages you can claim include:

• Loss of Wages: Victims of drunk driving car accidents may be entitled to compensation for lost wages. If you cannot work due to the accident, you can seek compensation to cover the work you missed as a result of your injuries. If the injuries are so severe that you cannot return to work permanently, you can also seek compensation for future earnings.
• Medical Expenses: The overall cost of medical care is ever on the rise. Navigating your way through this maze can be daunting, especially if the negligent actions of another party caused your injuries. Compensation can be sought to pay for medical bills and damages incurred due to the injuries sustained. When this happens, the drunk driver is liable to pay for approved medical treatment until one is entitled to compensation. This includes past and future treatment costs.
• Pain and Suffering: The pain and suffering experienced by the victim as a result of an injury can be compensated for in the settlement. It is used to compensate the victim for the pain suffered due to the trauma and the inability to participate in normal day-to-day activities.
• Wrongful Death: Wrongful death is when someone else’s negligence has caused a death. Courts can award wrongful death damages when a person dies due to a drunk driving accident. A surviving spouse might receive support for the loss of companionship, and a minor or dependent child may be awarded money from a deceased parent’s life insurance. Certain elements are needed to prove wrongful death. The first one is the duration, which is the amount of time the person was suffering at the time of their death. The other element is causation. This means proving that the accident caused the person’s death.
• Punitive Damages: Punitive damages are designed to punish the driver who caused the incident and prevent other people from driving under the influence. Although uncommon in Decatur, punitive damages may be awarded by the court if the defendant’s actions are reckless, callous, or malicious and act as a strong deterrent against future misconduct of an egregious nature.

To recover damages after drunk driving crashes, injured parties should schedule a free case evaluation with our experienced car accident lawyer at Mama Justice.