How Are Drunk Driving and Impaired Driving Accidents Different?

Drunk driving and impaired driving are commonly used interchangeably, however jurisdictions define them differently. Both words allude to driving under the influence of alcohol or drugs, which can affect safety. However, meanings and legal repercussions may vary.

However, impaired driving covers more situations. Driver impairment can be caused by alcohol, illicit substances, prescription pharmaceuticals, or even over-the-counter drugs that produce drowsiness or cognitive impairment. Even if a driver’s BAC is below the legal limit, they can be considered impaired.

Drunk driving and impaired driving accidents can cause exactly the same amount of damage to other motorists on the road. Let’s take a look at the difference between drunk driving and impaired driving accidents, what it means to you, and how a Phoenix drunk driving accident lawyer can help.

Drunk Driving in Arizona

The threshold for receiving a DUI in Arizona is a blood-alcohol content (BAC) of .08% for most drivers. However, commercial drivers face stricter regulations and can receive a DUI with a BAC above .04%.

Additionally, individuals under 21 are subject to the state’s “not-a-drop” law, meaning they can be charged with a DUI if any alcohol is detected in their system while driving. When the driver’s BAC is 0.15 or higher, they will be subject to enhanced penalties. A car accident lawyer in Phoenix can review your case to determine what penalties may apply to the negligent party.

For a free legal consultation, call 866-499-8989

Impaired Driving in Arizona

Any experienced Phoenix personal injury lawyer can tell you Arizona has some of the strictest DUI laws in the nation. In Arizona, the legal implications of driving under the influence are taken very seriously. If an individual is impaired to even the slightest degree, they may still face severe legal consequences if their ability to drive is deemed compromised.

According to Arizona Revised Statutes 28-1381(A)(1): 

It is unlawful for a person to drive or be in actual physical control of a vehicle in this state while under the influence of intoxicating liquor, any drug, a vapor-releasing substance containing a toxic substance, or any combination of liquor, drugs, or vapor releasing substances if the person is impaired to the slightest degree.

Arizona’s stringent approach serves as a reminder to all drivers that “buzzed driving is drunk driving” and highlights the importance of responsible decision-making behind the wheel.

This means that a person who is deemed impaired even slightly because of the use of any of these substances can be cited for DUI. They may face the same penalties as someone who registered a BAC above the legal limit, even if their test results indicate nothing.

How does a Drunk Driver Case or an Impaired Driver Case Affect a Potential Lawsuit?

Distinct from a criminal case of drunk or impaired driving, your claim for personal injury against an intoxicated motorist is a civil issue.

While you are under no obligation to wait for the DUI case to be resolved, rest assured that your drunk driving accident lawyer will diligently monitor its progress.

You can choose to pursue personal injury compensation from the driver while they handle the drunk driving accusation separately. A drunk driving accident lawyer in Phoenix can advise you of the best timing in your situation.

Click to contact our personal injury lawyers today

Comparing Criminal and Civil Liability: the Burden of Proof

Both civil and criminal proceedings have distinct burdens of evidence. For the drunk motorist to be found guilty in a criminal case, the prosecutor must establish proof beyond a reasonable doubt. In the US, this is the highest burden of proof.

It is the preponderance of the evidence standard that applies in civil cases. Such standards are typically less stringent than beyond a reasonable doubt. Finding a drunk driver guilty and accountable in a civil action tends to be easier than in a criminal one.

To win a drunk driving case, you need to prove the motorist was intoxicated and that they caused you harm. Proving impairment as opposed to proving a DUI can be more difficult, and both situations can present unique challenges. A car accident attorney can defend your rights and fight to ensure you are treated fairly.

Complete a Free Case Evaluation form now

Contact a Drunk Driving Accident Law Firm in Phoenix Today

Whether you’ve been injured in a drunk driving accident or an impaired driving crash, the attorneys at Zanes Law are here to help you recover from the physical, emotional, and financial impacts.

We will work to build the strongest possible case for compensation regardless of the driver’s potential DUI or impairment charges. Your well-being is our top priority. If you’ve been the victim of a crash caused by someone under the influence, contact us today for a free consultation.

We will fight to hold negligent drivers accountable and help you achieve the maximum compensation possible.

Call or text 866-499-8989 or complete a
Free Case Evaluation form