Drunk Driving Accident Attorneys in California: How Do I Know When I’m Too Drunk to Drive?
Alcohol impairment can alter your perception, slow down reaction times, and leave you feeling fatigued and unable to concentrate. While it’s not a crime to have one too many drinks, the act of trying to get behind the wheel to operate a vehicle is.
How can you tell when you’re too drunk to drive? What should you do if you find yourself intoxicated and unable to get home? Keep reading to learn this and more.
Call the BD&J drunk driving accident attorneys in California at 855-906-3699 to learn about your options after an accident!
What is Considered Legally Drunk?
According to the California DMV, it is illegal for a person 21 and up to operate a vehicle with a BAC (blood alcohol concentration) of 0.08%, but in reality, you can be convicted of a DUI if found to be too impaired to drive, which can be within any BAC limit. There is zero tolerance for drivers under 21 to have any BAC levels.
It is illegal for commercial drivers or rideshare drivers to operate with a BAC of 0.04% or higher.
Signs You’re Too Impaired to Drive
There have been 6,244 DUI crashes in California in 2026 so far. Most of these accidents could have been prevented if intoxicated drivers avoided getting behind the wheel and putting other motorists and their passengers at risk.
Now imagine this scenario: You’re at a barbecue with your loved ones, and you’ve been drinking a few cocktails or beers while catching up. When the evening starts to wrap up and everyone says their goodbyes, you take a couple of steps and find you cannot walk straight.
This is just one of the many signs that you’ve officially crossed the threshold into being too intoxicated to drive. So, whether you’re at a happy hour, family event, or even on vacation, keep an eye out for these signs:
Blurry Eyesight
If you find yourself seeing double or everything looks blurry, you should not be getting in the driver’s seat of a vehicle.
Keep an Ear Out for Your Speech
Speech patterns that often point to impairment include:
- Slurred speech
- Muffled speech
- Excessive stuttering
- Erratic volume of speech
- Repetition of words or phrases constantly
If you’re finding it extremely difficult to coordinate your tongue and mouth when speaking, you’ll want to avoid driving.
Lack of Coordination and Depth Perception
Bumping into doorways, stumbling over your own feet, and knocking over things you’re trying to grab are signs that you are lacking depth perception and coordination. This can signal impairment of the vestibular system, which is responsible for balance, movement, and spatial awareness.
Drowsiness
It’s no surprise that consuming alcohol can make you feel sleepy, and this is because alcohol can act as a depressant for the central nervous system. So not only does drinking slow down your brain’s processes, but it can also leave you feeling relaxed and drowsy.
Considering that drowsy driving led to 644 deaths in 2024 nationwide, this is a particularly dangerous symptom of impairment that can have catastrophic consequences.
What Do You Do if You Feel Impaired and Can’t Drive?
So, what can you do if you’ve determined you’re too intoxicated to drive? The drunk driving accident attorneys in California from BD&J recommend:
- Asking a friend for a ride
- If you’re at a loved one’s house, asking if you can spend the night
- Using a rideshare service
- Use public transportation
- Booking a hotel room in the nearby area
The choice to get behind the wheel after drinking can lead to devastating accidents, catastrophic injuries, and even a DUI arrest and license revocation on your criminal record. If you feel like you’ve had too much to drink, make the responsible choice and avoid driving.
How Do Drunk Driving Accident Attorneys in California Investigate Liability After an Accident?
While you can make the responsible choice to avoid getting behind the wheel after drinking, the same can’t always be said for other drivers. In moments, you may find yourself involved in a drunk driving accident caused by the reckless or negligent acts of another motorist.
To determine liability after a drunk driving accident, attorneys may refer to evidence like:
- Police reports showing the results of field sobriety tests and breathalyzer tests
- Photos and videos of the accident scene
- Eyewitness accounts from nearby bystanders or other involved drivers
- Medical documentation of injuries to other motorists and passengers
- Plaintiff testimony on the accident environment, the DUI driver’s behaviors, and how the accident occurred
- Using accident reconstruction software to determine how the accident unfolded
- Using expert witness testimonies on injury prognosis, accident details, and more
How Do You Legally Prove Someone Was Under the Influence at the Time of an Accident?
A big question people who were involved in a DUI car accident have is: how can you legally prove someone was under the influence at the time of an accident? After all, impairment wears off, and sometimes people argue that what could be symptoms of intoxication could also be symptoms of a brain injury or similar injuries.
Fortunately, there are ways to establish this. A driver’s impairment can be proven by:
- Police officer interactions – Calling for emergency services after an accident can allow a police officer to interact with all drivers involved after an accident. An attentive officer can pick up on slurred speech, lack of eye focus, a flushed face, and more.
- Breathalyzer results – Breathalyzers use a sample of a person’s breath to measure their BAC levels. These portable devices are often a go-to for police officers who suspect a person is intoxicated.
- Field sobriety tests – Common field sobriety tests used by law enforcement officers to check the balance, coordination, and overall mental proficiency of a suspected impaired driver include walking a straight line, standing on one leg, and others.
- Visual evidence of drinking while driving – Physical evidence, like bloodshot eyes, stumbling, and a driver who can’t walk straight, shows some form of impairment, but if you see bottles or other canisters of alcohol in their vehicle, this can also be a visual suggestion of intoxication.
Frequently Asked Questions
What if Another Intoxicated Driver Hit Me?
If another intoxicated driver collides with your vehicle, call 911, ensure you and other impacted drivers and passengers are ok, and wait for emergency services. From there, you’ll want to seek medical attention as soon as possible, get a copy of the police report, and talk with a drunk driving accident lawyer.
What if the Other DUI Driver Didn’t Have Insurance?
This can often be a tricky situation. If the other driver doesn’t have insurance, you’ll want to document the accident scene as much as you can, get the other driver’s information, not accept any informal payment agreements from them, and go through your own insurance.
From there, a personal injury attorney is the next person you should call.
How Can I Tell if a Driver is Drunk on the Road?
Some telltale signs of a drunk driver on the road are swerving, a car that’s unable to stay on the roadway and keeps drifting onto merge or turning lanes, a car that is accelerating and decelerating erratically, and a vehicle that is making abrupt stops.
Should I Still Go to the Hospital After an Accident If I Don’t Have Any Injuries?
Absolutely! Some injuries can take days or even weeks to show symptoms but can still be a risk to your health in the meantime.
To be on the safe side and document your injuries, be sure to seek medical attention right after an accident.
What if I Can’t Pay for My Medical Expenses?
California’s high cost of living combined with the average cost of a hospital stay (a 3-day hospital stay averages around $30,000), means many Californians aren’t always able to access the financial resources for an unexpected injury and damages.
If you’re unable to pay for your medical expenses after a DUI accident, talk to a DUI accident injury attorney in California to explore your legal options.
Can I Sue Anyone Else Besides an Impaired Driver for My DUI Accident?
In California, under the Business and Professions Code 25602, a person or business may be held liable if they sold alcohol to an intoxicated minor who then went on to cause injury or death in an accident. Besides that, you cannot sue a restaurant or person for serving alcohol to an intoxicated driver.
What are the Consequences of Getting into an Accident While Intoxicated?
Consequences include fines, jail time, probation, educational programs, and license revocation. While the first DUI offense is often considered a misdemeanor, following offenses come with bigger consequences.
Can My License Be Taken Away Permanently?
A person who caused serious bodily injury, was charged for manslaughter or convicted in a DUI death, or who was convicted of a DUI while on probation for another DUI incident runs the risk of having their license permanently revoked.
Why Should I Work with the BD&J Law Firm?
BD&J is a dedicated California law firm with a combined 100 years of legal experience fighting for injured drivers, passengers, and other motorists injured along California roads. We’ve recovered over $3 billion* in compensation for clients, but don’t just take our word for it.
Learn about our case results and read client testimonials to learn a bit more about how the BD&J team can help you after an accident!
Do I Have to Pay Upfront to Work with BD&J?
Not at all. We work on a contingency fee basis, which means we advance all case costs to clients and recover final attorney fees from the compensation amount after a case has settled.
This means less financial stress for you and no fees until we win*.
How To Practice Safe Driving Habits Around Impaired Drivers
If you notice an impaired driver on the road, there are a few steps to take that can help keep you and your passengers safe. These steps include:
- Leave space between you and the other car in front of you. – It’s always a good idea to leave space between you and the car in front of you, especially if they’re making sudden stops, failing to stay in their lane, etc.
- Move out of the way if you’re in front of an erratic vehicle. – Similarly, you don’t want to be in the way of what seems to be an impaired driver, especially if they are speeding or seem to be distracted or drowsy.
- Report suspicious activity to the police. – Reporting this impaired driver can get them off the street sooner rather than later.
- Talk to a drunk driving accident lawyer. – If you practiced safe driving and were still impacted by an intoxicated driver, speak to a drunk driving accident lawyer in California to learn about filing a claim for compensation.
Drunk Driving Accident Attorneys in California Protect Vulnerable Drivers
People can indulge in a few drinks, but when they make the choice to drive impaired is when big risks arise. If you find yourself feeling impaired after a night out, including slurred speech, bumping into things, etc., then you’re not fit to drive home.
Fortunately, rideshare apps, public transportation, and even asking for a friend for a ride can allow you to get back home and take care of yourself. However, your responsible choices won’t always be the same for other drivers.
Speak to the drunk driving accident lawyers in California from BD&J now to file an accident claim! Our team is available 24/7 to answer your questions.
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