California Drunk Driving Accident Lawyers Weigh In: Signs of an Impaired Driver

Driving under the influence, also known as impaired driving, leads to countless car accidents in California each year. In fact, in 2025, there were 18,883 DUI crashes recorded in the state.  

While it’s the duty of a driver to operate a car with care for other pedestrians and motorists, this is not always the case. How can you tell when a driver is impaired while on the road? Keep reading to learn more about telltale signs, as well as how the California drunk driving accident lawyers at BD&J can help.  

BD&J is the California law firm you can call 24/7 after an accident!

Key Takeaways 

• 1 person dies every 44 minutes in a drunk driving accident (NHTSA) 

• According to the DMV, a driver is considered under the influence when their blood alcohol concentration is 0.08% or higher at 21 years old and up 

• Signs of an impaired driver include swerving, tailgating, driving without headlights on, and abrupt stops, among other things 

• California drunk driving accident attorneys from BD&J fight for injured drivers, passengers, and pedestrians after a DUI collision 

What is Considered Drunk Driving?  

Drunk driving is considered impaired driving, where alcohol fully affects the driving abilities of a motorist. Drunk or impaired driving is strictly prohibited by the law but continues to cause fatal and serious accidents throughout California and the country.  

Per the California DMV, it is illegal to operate a vehicle after:  

• Drinking excessive amounts of alcohol 

• Taking any drug (including prescriptions or OTC medications) that affects your ability to drive 

• Taking any combination of drugs or alcohol that affects your ability to drive safely  

What is the Importance of BAC Limits? 

Blood alcohol concentration (BAC) limits measure how much alcohol is present in the bloodstream. According to the DMV, it is against the law to drive if you have a BAC level of:  

• 0.08% or higher at 21 years old and up 

• 0.01% or higher if under 21 years old  

• 0.01% or higher if on DUI probation 

• 0.04% or higher if operating a commercial vehicle  

• 0.04% or higher if operating a rideshare vehicle or driving a passenger 

Signs of an Impaired Driver 

While there are ways to measure impairment through breathalyzers and other field sobriety tests, how can you, as a driver, passenger, or even pedestrian, spot an impaired driver on the road? Being aware of the signs to look for can help ensure a safer journey to your destination.  

Signs of an impaired driver may include:  

Swerving 

A car that is failing to stay within its lane, swerves into other lanes, and cuts other vehicles off continuously is a sign of an impaired driver.  

Driving off the Roadway 

Similarly, a vehicle that drives on the edge of the road, on the shoulder, or even drives straight through turning lanes shows erratic driving behaviors that point to an intoxicated driver.  

Tailgating and Abrupt Stops 

Tailgating accounts for about 1/3 of rear-end collisions in the nation. Impaired drivers are often aggressive drivers, following other cars and motorcycles closely with little to no coordination.  

Abrupt stops are also a telling sign that a driver is impaired, as poor judgment, loss of muscle control, and slowed reaction times are common consequences of drunk driving.  

Driving Without Headlights and Using Turn Signals Erratically  

In the middle of the night, a car carelessly navigating through traffic without any headlights is a sign of trouble. This creates a risk that other motorists will be unaware of that vehicle, as well as for a drunk driver with already dimmed senses to navigate a road.  

Using turn signals erratically can also indicate that an impaired driver is behind the wheel of a car, whether it looks like a driver isn’t using turn signals at all, or is using them inconsistently.  

Sudden Acceleration/ Deceleration  

Many intoxicated drivers try to overcompensate while on the road, so they may often go through moments of sudden acceleration and deceleration that turn into abrupt stops in the middle of a lane.  

What Do I Do After a DUI Accident? 

If you or a loved one were involved in an accident, the moments afterward can be overwhelming. However, doing the following can make a huge difference when it comes to your well-being and a potential legal claim.  

1. Pull over to a safe side of the road and check yourself and your passengers for injuries.  

2. Get the license plate, car make, and model of the other driver. (Try to take photos and videos of their car, as it’s highly unlikely you will be able to interact with them, or they may even attempt to flee.) 

3. Call for emergency services immediately.  

4. Do not confront the driver, as drunk individuals are often more argumentative, have lower impulse control, and can further escalate a conversation.  

5. Remain in your vehicle until police and ambulance services arrive and seek medical treatment even if you don’t feel symptoms of injuries.  

6. Talk to a California DUI accident attorney to discuss your legal options.  

Can California Drunk Driving Accident Lawyers Help My Case? 

Definitely! While you are healing from injuries and trying to get back into your routines after an accident, an attorney can help: 

• File your claim in a timely manner and within the proper jurisdiction 

• Help in the collection of evidence  

• Use specialized attorney resources to support your case, including accident reconstruction software and expert witness testimony on injuries and lifelong prognosis  

• Negotiate a fair compensation on your case 

• Work with you on a contingency fee basis, which advances case costs to you  

• Communicate with all other parties on your behalf  

• Appeal denied insurance claims, whether it’s the other party’s insurance or your own 

• Be in your corner every step of the legal process, ready to answer all your questions and doubts 

Frequently Asked Questions 

Can I File a DUI Accident Claim if the Accident Happened 4 Years Ago? 

A majority of drunk driving accident claims must be filed within 2 years of the date of the accident.  

What if I Discovered Injuries from an Accident Months After It Happened? 

The discovery rule in California is a legal doctrine that states that the clock does not start running on a legal claim until a person has discovered (or should have reasonably discovered) their injuries from an accident. This means that hidden injuries discovered weeks or even months after an accident won’t stop you from seeking legal accountability.  

Speak to a drunk driving accident attorney to learn more about the timeline for your case. 

Do I Need a Personal Injury Attorney for My Lawsuit?  

While you can represent yourself, working with an attorney after an accident can give you access to legal knowledge and resources that aren’t available elsewhere. Not to mention, plaintiffs who work with attorneys typically get a compensation amount at least 3 times higher than what they’d recover representing themselves.  

What if I Don’t Have a Police Report from the Accident?  

Injuries or fatalities, as well as property damage exceeding $1,000, should be immediately reported to the California Highway Patrol.  

However, you can still file a car accident claim without a police report.  

How Much Compensation Can I Recover through a Claim?  

Some of the compensation commonly recovered in a DUI accident injury claim may include current and future medical expenses, loss of income, property damage, and punitive damages if the other responsible party has committed similar violations in the past.  

What DUI Laws Does California Have?  

California’s DUI laws are constantly being scrutinized, as many argue that some of the laws are too lenient on drivers who commit DUI offenses. The main referenced DUI law in California is Vehicle Code section 23152, which states that it is illegal for any California driver to operate a vehicle while impaired by drugs or alcohol. 

First-time DUI offenses are considered misdemeanors with minimal jail time or probation, fines, and a license suspension of 6 months. After the first DUI offense, other offenses may get higher fines, longer license suspensions, and may be recognized as felonies when injuries occur.  

Who is the BD&J Law Firm? 

BD&J is a leading California personal injury law firm fighting tirelessly for clients and their loved ones since our establishment in 2007.  

Our compassionate attorneys have recovered more than $3 billion* in compensation, and we are dedicated to holding negligent and reckless drivers accountable. We aren’t afraid to go against large insurance companies or legal teams on behalf of our clients.  

How Much Does It Cost to Work with BD&J? 

No upfront fees are required to work with us! We work on a contingency fee basis, which means we advance all case costs to you and recover final attorney fees after your compensation has settled, which means no fees until we win*. 

How To Report a Drunk Driving Accident 

Whether you were involved or a bystander in a drunk driving accident, it’s always a good idea to report an accident as soon as it happens. This can potentially save lives and catch impaired drivers who recklessly put themselves and others in danger.  

Report a drunk driving accident by:  

1. Calling emergency services. – Calling 911 is essential after an accident, especially if there are other injured motorists and pedestrians.  

2. Seeing that other vulnerable parties are alright. – If other drivers and pedestrians were involved and you’re able to, check up on them and ensure they aren’t gravely injured.  

3. Taking photos and videos of the accident scene. – Document the accident scene and other vehicles involved, as well as all visible damage to cars and yourself.  

4. Consult a DUI attorney in California. – Reporting a DUI vehicle accident is the first crucial step if you’re looking to pursue a legal claim for compensation.  

Diligent California DUI Accident Lawyers with More Than $3 Billion* Recovered 

A moment of recklessness where drivers make the choice to get behind the wheel after one too many drinks can lead to severe consequences for other vulnerable motorists, passengers, and bystanders.  

Hold a negligent driver accountable by working with the drunk driving accident attorneys from BD&J. Schedule your free consultation with our team now to begin the legal fight for justice! 

Contact us today by calling us at 855-906-3699, complete our online form to connect, or follow our social channels to stay up to date on similar tips like these and how an attorney can help!