FAQs
- What is the legal limit for drunk driving in Alabama?
Alabama law considers any driver with a blood alcohol level (BAC) of .08% or higher to be legally intoxicated. - If the drunk driver who caused my accident was a teenager, can I still file a claim?
Yes, although in most cases you will be filing a claim against the establishment who served or sold alcohol to the teenager. Under Alabama law, any business that serves liquor to a minor (under 21) is legally liable for any damage that minor causes – including involvement in a drunk driving accident. - The driver who hit my car was at a bar immediately before the accident – can I sue the bar?
You may be able to file a legal claim against the bar or any other establishment who served alcohol to the driver, if he or she was visibly intoxicated when served. This can be established through various types of evidence, including the time the driver entered the bar, how much alcohol he or she would have already consumed by that point and witness testimony. - My teenager was killed after he consumed alcohol at a party hosted by adults and crashed his car. Do I have any legal options?
If your teenager was served alcohol by adults who knew your child was under age, they can be held liable for his drunk driving. Typically these cases involve a claim against the homeowner’s insurance policy. - Can a person be arrested for drunk driving if they pass out in their car on the side of the road?
Alabama law makes it illegal to be drunk in a car, even if the person in question isn’t actually driving at the time. So it is possible for someone to be arrested for drunk driving while asleep in a parked vehicle. - The driver who hit me admits that he had a few drinks but says he was driving just fine – in fact, he’s claiming the accident was my fault. Do I still have a case?
Drunk drivers aren’t always weaving in and out of traffic – and by law, they don’t have to be in order to be charged. A driver whose blood alcohol level (BAC) is .08% or higher is automatically guilty of drunk driving under Alabama’s per se laws. So even if the driver thinks he was driving “just fine,” blood chemistry tests may tell a different story. - I was seriously injured by a drunk driver, but the driver is going to jail – so how can I recover damages to pay my medical bills?
Drunk drivers can be prosecuted under both criminal and civil law – so just because the driver will serve his criminal sentence, doesn’t mean he’s off the hook for your injuries. Depending upon the circumstances of your case, there may be several options. If the driver was insured, you may file a claim against his insurance policy. If he wasn’t insured or had less coverage than you, you may even be able file a claim against your own insurance company for uninsured or underinsured motorist coverage. If he bought alcohol while already intoxicated, you may be able to file a claim against the establishment who sold or served him liquor. - I was in a car accident with a driver who I am sure was drunk – but the police told me he refused to take a breath test, so is he still going to be charged?
Drivers in Alabama who refuse to submit to alcohol testing face stiffer penalties, including longer jail sentences, for their refusal. The driver who caused your accident will automatically lose his license for 90 days immediately, and if he is convicted of drunk driving, he will serve a longer time in jail than he might have otherwise. Breath tests are not the only ways to establish drunk driving – police, witnesses and your own testimony about the condition of the driver, his behavior and any signs of alcohol consumption will also be considered as evidence.
