How An Accident Attorney Builds a Drunk Driving Case

It’s no secret that Albuquerque has a serious drunk driving problem. According to the CDC, from 2003–2012, drunk drivers were involved in car accidents that lead to approximately 1,254 deaths in New Mexico—and that doesn’t include injuries sustained. A serious injury from a car accident caused by a drunk driver can cause you to miss weeks of work, accumulate thousands of dollars in medical bills, and drastically alter your life.

Naturally, if you’re a victim of such an accident, you will want to seek justice and compensation from the responsible party, but DUI cases can be incredibly complex, so it’s important to seek out an experienced drunk driving accident attorney that understands the nuances of handling these types of cases. While each situation can greatly differ from one another, depending on the environment, the events leading up to the crash, and the history of those involved in the accident, there are a few common elements that a lawyer will seek out to help strengthen your case.


After an accident, it’s crucial to get witness statements regarding the driver’s condition, in addition to your own observations or any incriminating statements the driver may have made after the accident. If the driver is a frequent customer of an establishment that serves alcohol, the owner of the suspected establishment and other patrons or servers may have witnessed how much alcohol the driver had and may be held liable.

At the scene of the accident, try to be on the lookout for common signs of drinking. A drunk driver may have slurred speech, poor coordination, smell of alcohol, and red eyes, but alcohol affects everyone differently. If you did not gather information or were unable to, the police may have talked to witnesses.

BAC levels above the legal limit

The Blood Alcohol Content measures the amount of alcohol in the bloodstream, and .08 is the highest level legally allowed for standard vehicle drivers over the age of 21 in New Mexico. The officer has the right to administer a number of tests, such as a breathalyzer, if they suspect drunk driving. However, the driver has the right to refuse these tests for medical reasons, such as asthma. If the driver refuses, they still may be required to take a blood test. If they refuse blood testing, it could result in more charges. Your Albuquerque accident attorney will review which tests the driver refused and for what reason the officer chose those certain tests in order to develop your case.

These elements are just two of virtually endless avenues that your legal counsel will examine when building your case against a drunk driver. If you were recently involved in a car accident caused by a drunk driver, turn to the lawyer that New Mexico trusts—Dinelli! Call today for your free, no-obligation consultation and get started on your path to healing.