The Law Offices of Daniel L. Crandall & Associates

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Daniel L. Crandall & Associates

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How can a drunk driver affect an accident case in Virginia?

Drivers in Virginia who are in a car collision with injuries or fatalities will have enough to worry about without thinking about the condition of the other driver and whether he or she was intoxicated, worries such as medical treatment, repairing or replacing damaged property, getting back to work and many more.

For those hit by a drunk driver, it's important to know the state law about driving while drunk or under the influence of drugs, and to use that knowledge when deciding whether to pursue litigation.

Drivers operating a motor vehicle of any kind cannot legally register higher than 0.08 percent when given an alcohol test. It is also illegal for the driver to have used a narcotic drug that can lead to intoxication before operating a motor vehicle.

When it comes to drugs, a driver is driving under the influence if they have 0.02 milligrams of cocaine per every liter of blood or 0.1 milligrams of methamphetamine or phencyclidine. Drivers who are caught with these substances in their system even without having an accident will be in legal trouble. If there is a crash, that is exponentially worse because they will also face the possibility of having injured or killed another person.

The law is simple: If the substance has the ability to cause impairment, the operator cannot have it in his or her system. When there is a car collision, one of the most important factors in being fully compensated for everything that was lost is having a full investigation and accurate information as to the condition of the other driver or drivers. If there were drugs or alcohol involved, that can be a significant factor in the case. When trying to gather information and pursue a case, a legal professional with experience in various situations regarding car crashes can be an invaluable ally.

Source: leg1.state.va.us, "18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc.," accessed on Mar. 24, 2015

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