How to Tell if a Driver May Be Intoxicated

Zanes Law Firm, established in 2003, is dedicated to helping personal injury victims impacted by intoxicated motorists and other forms of negligence. Our Phoenix car accident lawyers are here to guide you through the steps to ensure your safety, prevent further harm, and seek justice if an accident occurs.

Recognizing the signs of an intoxicated driver, such as erratic movements, speeding, and delayed responses, is crucial for identifying potential dangers on the road. If you encounter such a driver, it’s important to prioritize your safety, contact law enforcement, and gather relevant information. 

In this article, we will provide detailed information on how to stay safe and protect your rights in the event of an accident with an intoxicated driver.

What Are Some Common Behaviors Exhibited by Intoxicated Drivers?

Intoxicated drivers often exhibit certain behaviors that can help identify their impairment. These may include:

• Swerving or drifting across lanes
• Erratic or reckless driving
• Excessive speeding or driving significantly below the speed limit
• Abrupt or illegal turns
• Tailgating or following too closely
• Straddling the center line or driving on the wrong side of the road
• Ignoring traffic signals or signs
• Inconsistent braking or sudden stops
• Slow response to traffic signals or delayed reactions to other vehicles
• Driving without headlights on at night

If you observe any of these behaviors in a driver, it may indicate that they are intoxicated and pose a potential danger on the road. If you just witnessed a drunk driver car accident, contact the authorities and ambulatory services immediately.  

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What Should I Do if I Suspect a Driver Is Intoxicated?

If you suspect a driver is intoxicated, it is crucial to take appropriate actions to ensure your safety and the safety of others on the road. The National Highway Traffic Safety Administration (NHTSA) advises witnessed to consider the following steps:

1. Maintain a safe distance: Keep a safe distance from the suspected intoxicated driver to avoid any potential accidents or confrontations.
2. Call the authorities: Contact the police immediately to report your observations. Provide them with the necessary details, such as the license plate number, vehicle description, location, and direction of travel.
3. Be a good witness: If it is safe to do so, gather any additional information that may assist law enforcement, such as the driver’s physical appearance, any visible signs of impairment, or any other relevant details.
4. Follow instructions: Cooperate with the authorities and follow any instructions they provide. They are trained to handle such situations and will take appropriate action.

Remember, your safety and the safety of others should always be the top priority. Let law enforcement handle the situation while you provide them with the necessary information.

Should I Confront the Driver if I Believe They Are Intoxicated?

No, it is generally not advisable to confront a driver if you believe they are intoxicated. Confronting an intoxicated driver directly can potentially escalate the situation and put your safety at risk.

Intoxicated individuals may exhibit unpredictable behavior and may not respond rationally to confrontation. Instead, prioritize your safety and the safety of others on the road.

What Information Should I Provide When Reporting a Suspected Intoxicated Driver?

When reporting a suspected intoxicated driver to the authorities, it is important to provide accurate and detailed information. Here are some key details to include:

1. License plate number: Note down the license plate number of the vehicle. This information is crucial for identifying the vehicle and its owner.
2. Vehicle description: Describe the make, model, color, and any distinguishing features of the vehicle. This will help law enforcement locate the vehicle quickly.
3. Location and direction: Provide the specific location where you observed the suspected intoxicated driver. Include details about the direction of travel, nearby landmarks, or intersections.
4. Driver’s behavior: Describe the driver’s behavior and any visible signs of impairment that you noticed. This may include slurred speech, bloodshot eyes, or the smell of alcohol.
5. Your contact information: Provide your name and contact information to the authorities. They may need to follow up with you for additional details or to gather witness statements.

Remember to remain calm and provide accurate information to aid law enforcement in their investigation.

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What Are the Potential Criminal Charges for Driving Under the Influence?

In Arizona, penalties for driving under the influence (DUI) depend on various factors, including the driver’s blood alcohol concentration (BAC), prior DUI convictions, and the presence of aggravating circumstances. Here are some potential criminal charges a person may face for DUI in Arizona:

DUI (Impaired to the Slightest Degree)

Under Arizona law, individuals can be charged with DUI if they are found to be impaired to the slightest degree by alcohol, drugs, or a combination of both. This charge does not require a specific BAC level but focuses on impairment.

DUI Per Se

A person can be charged with DUI per se if they have a BAC of 0.08% or higher within two hours of driving. This charge is based on the BAC level alone, regardless of whether the person was visibly impaired.

Extreme DUI

If a person’s BAC is 0.15% or higher, they may face charges of extreme DUI. The penalties for extreme DUI may include jail, fines, community service, and license suspension.

Super Extreme DUI

If a person’s BAC is 0.20% or higher, they can be charged with super extreme DUI, which carries even harsher penalties. The penalties vary based on if this was a first offense or not. 

Aggravated DUI

Aggravated DUI charges apply in specific circumstances, such as driving under the influence with a suspended, canceled, or revoked driver’s license, driving with a DUI conviction within the past 84 months, or DUI violations while a person under 15 years old is present in the vehicle.

Felony DUI

In certain situations, DUI can be charged as a felony offense. For example, if a person has been convicted of DUI two or more times within the past seven years, they may face felony DUI charges.

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Legal Options for Those Involved in an Accident with an Intoxicated Driver

If you are involved in an accident with an intoxicated driver, there are several legal options available to you. Potential courses of action include:

1. Contact law enforcement: Immediately report the accident to the police and ensure that they are aware of the driver’s intoxication. The police will investigate the incident and prepare an accident report, which can be crucial evidence in any legal proceedings.
2. Seek medical attention: If you or anyone else involved in the accident has suffered injuries, seek medical attention promptly. Your health and well-being should be the top priority.
3. Gather evidence: Collect evidence to support your case. This may include taking photos or videos of the accident scene, gathering witness statements, obtaining the police report, and preserving any physical evidence, such as damaged vehicles or road conditions.
4. Consult with an attorney: It is advisable to consult with a Phoenix personal injury attorney experienced in handling cases involving intoxicated drivers. Zanes Law Firm can evaluate the specifics of your situation, assess the strength of your case, and guide you through the legal process.
5. Insurance claims: Notify your insurance company about the accident and file a claim if necessary. The intoxicated driver’s insurance may also come into play. Your attorney can assist you in navigating the insurance claims process and advocating for fair compensation.
6. Civil lawsuit: Depending on the circumstances, you may have grounds to pursue a civil lawsuit against the intoxicated driver by filing a personal injury claim for damages. Our attorneys can help you file a lawsuit and represent your interests throughout the legal proceedings.
7. Criminal charges: The intoxicated driver may face criminal charges for driving under the influence (DUI) or related offenses. While this is a separate legal matter handled by the prosecuting authorities, you can cooperate with law enforcement and provide any necessary assistance as a witness.

It is important to consult with a qualified attorney to understand the specific legal options available to you based on the laws in your jurisdiction and the details of your case.

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