Using West Virginia DUI Laws to Prove the Other Driver’s Impairment

Tim Miley
Injury Lawyer, Author, & Owner of The Miley Legal Group

Driving Under the Influence (DUI) accidents can cause serious or fatal injuries. Often those that suffer the most consequences are innocent victims -- pedestrians, drivers or other occupants. When this happens, the injured and their families want to see justice prevail. But to hold someone liable requires proof.

Types of Evidence Necessary in a DUI Accident

Crash report -- After an accident, it’s important to get a copy of the crash report. Form WVSP 141 must be completed and submitted to the West Virginia State Police. If a DUI citation was issued to the other driver, it would be indicated on the report. In West Virginia, any driver older than 21 with a BAC of 0.08 percent or higher is considered legally impaired. For offenders who are younger than 21, it is 0.02 or higher.

Eyewitness statements -- Statements from witnesses can help substantiate claims of driver impairment. Perhaps someone observed the individual drinking heavily before getting behind the wheel. Another motorist may have encountered the impaired person on the road and can testify to driving erratically.

Even after the crash, there might have been a witness who saw the driver stumble, slur or otherwise demonstrate signs of drunkenness. Anyone who can provide testimony of behavior or actions could help strengthen the case.

Photographs/video -- Pictures may not necessarily prove a driver was impaired. But in any accident, it’s important to gather as much evidence as possible. It could help show the type of crash that occurred.

Video footage is another form of evidence. There might have been a security camera at a nearby building that is helpful, or a witness might have videotaped what happened afterwards.

Securing legal counsel from a team like the Miley Legal Group is an important determinant for succeeding at your claim and securing things like compensation for a wrongful death, if that occurred. An attorney also can explain West Virginia DUI laws and how they may apply: 304-931-4088.

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