Getting hit by a drunk driver turns your world upside down. The pain, medical costs, and lost income can feel unfair because the crash could have been avoided. Someone’s careless choice to drive after drinking has now changed your life, leaving you to deal with problems that weren’t your fault.
To recover what you deserve, it’s vital to gather proof that shows the driver’s intoxication and how it caused your injuries. Acting quickly helps protect that evidence before it’s gone. Gauthier & Maier Law Firm, P.C. can guide you through this process with care and dedication. Speak with a drunk driving accident lawyer today to take the next step toward justice and recovery.
Key Takeaways: Collecting Evidence After a Drunk Driving Accident
Evidence collection in drunk driving accident cases requires prompt action and attention to detail. Here’s what matters most:
- Police reports provide important documentation. Officers trained in DUI detection document observations, conduct field sobriety tests, and arrange chemical testing that proves intoxication.
- Witness statements carry significant weight. People who saw the drunk driver before the collision, observed their driving behavior, or noticed signs of impairment offer powerful testimony.
- Surveillance footage captures real-time evidence. Traffic cameras, business security systems, and dash cams record driving behavior and collision details that can’t be disputed later.
- Chemical test results prove intoxication levels. Blood alcohol concentration measurements and drug screening provide objective evidence of impairment.
- Bar and restaurant records show where drivers got drunk. Establishments that over-serve patrons might share liability for resulting accidents.
- Cell phone records reveal distraction and timing. These records can show whether drunk drivers were also texting or calling before crashes.
- Medical records document your injuries immediately. Prompt treatment creates a clear timeline connecting the collision to your medical needs.
- Contact a car accident lawyer quickly. Legal representation ensures proper evidence preservation and investigation while you focus on recovery.
Why Drunk Driving Cases Demand Thorough Evidence
Drunk driving crashes in New Mexico are different from ordinary accidents because they involve a crime as well as carelessness. The driver didn’t just make a poor choice. They decided to drive after drinking, fully aware of the danger. This kind of behavior can justify punitive damages that go beyond normal compensation.
Insurance companies still fight these claims hard, even when the fault is obvious. They know juries often award large verdicts, so they push to pay less. Clear proof of intoxication can help secure a fair outcome.
In some cases, others may share blame. Under New Mexico’s dram shop laws, bars, restaurants, or employers may be held accountable.
What Police Do at Drunk Driving Accident Scenes
Across New Mexico, police officers are trained to spot drunk drivers through signs like slurred speech, bloodshot eyes, and the smell of alcohol. These details go into the police report and can strengthen your civil claim.
Field sobriety tests, such as walking straight or standing on one leg, reveal if a driver can safely control a vehicle. Poor performance helps prove impairment. Officers may also use roadside breath tests to check blood alcohol levels.
While not valid in criminal trials, they guide arrests and support civil cases. When DUI charges are filed, the criminal evidence often strengthens your claim, since civil cases require a lower proof standard.
Chemical Testing That Proves Intoxication
Blood alcohol tests help show how impaired a driver was at the time of an accident. In New Mexico, anyone driving with a BAC of 0.08 or higher is legally intoxicated, and higher readings show extreme disregard for safety.
A driver with a BAC above 0.15 was dangerously drunk and should never have been behind the wheel. Blood tests are the most precise, while breath tests, often done at police stations, are also accepted in court and regularly maintained for accuracy.
Urine tests may be used when drug use is suspected. Refusing testing doesn’t protect a driver. Under New Mexico’s implied consent law, refusal leads to license suspension and can support civil claims of impairment.
Gathering Witness Information
Witnesses often reveal details that police reports miss. Other drivers may have seen the drunk driver swerving, speeding, or running lights, showing a clear pattern of dangerous behavior.
Passengers can provide insight on how much the driver drank and whether anyone tried to stop them, even if they’re hesitant to speak. Bar and restaurant staff can confirm overserving, noting how intoxicated the driver appeared and how many drinks they were given.
People at the accident scene might notice an alcohol smell, slurred speech, or unsteady movements. These firsthand observations can be powerful evidence in building a strong case and showing the driver’s recklessness.
Finding and Preserving Video Evidence
Traffic cameras across Albuquerque record activity at major intersections and roadways. The Big I, where Interstates 25 and 40 meet, often captures accidents and the moments leading up to them, but footage is only stored briefly, so quick preservation is essential.
Nearby business security cameras at gas stations, restaurants, and stores can also show crucial details, and your DUI injury attorney can request these recordings promptly. Dashcams from other drivers provide unbiased views of the crash, showing how it unfolded.
Police body cameras capture the driver’s behavior, statements, and sobriety tests at the scene. Red light and speed cameras can further show violations that contributed to the accident, providing clear, time-stamped evidence.
Medical Records That Document Your Injuries
Emergency room treatment creates immediate records of injuries from drunk driving accidents, including how the injury happened, symptoms, exams, tests, and treatments. Ambulance reports document your condition at the scene and during transport.
Hospital admission and daily progress notes track extended care and recovery. Follow-up visits show ongoing treatment, complications, and healing.
Physical therapy records prove rehabilitation, and mental health records capture anxiety, stress, or depression from the accident. Together, these documents provide clear evidence linking the collision to both physical and psychological harm.
Social Media and Digital Evidence
Drunk drivers often post on social media before, during, or after drinking. Photos and videos show alcohol use, check-ins reveal locations, and posts about being drunk or planning to drive show reckless behavior.
Friends or passengers may share photos or comments about heavy drinking or concerns about driving. Dating apps and location services can track where the driver was before a crash, helping build a timeline.
Text messages and chats may show slurred, incoherent messages or discussions about drinking and driving. These digital records provide strong evidence of intoxication and unsafe behavior.
Toxicology Reports and Medical Testing
Hospitals often perform blood tests on trauma patients that show alcohol and drug levels. Toxicology can identify prescription, illegal, or over-the-counter substances that contributed to impairment. Combining alcohol with other drugs increases risk.
Timing matters because alcohol metabolizes, so BAC at testing may differ from the crash. Experts can estimate the levels at the accident. Different drugs have varying detection windows that affect results. These medical records can provide key evidence when the other driver was also treated at the hospital.
Dram Shop Claims and Establishment Records
In New Mexico, victims can hold bars and restaurants responsible if they over-serve visibly intoxicated patrons who then cause accidents. Credit card and payment records show where and how much alcohol the driver bought and help build a timeline.
Surveillance footage can reveal how much was served and signs of intoxication, like slurred speech or stumbling. Statements from servers and bartenders explain how alcohol was served and whether policies on refusing service were followed.
Training records show whether staff were properly taught to recognize intoxication. This evidence can support claims that the establishment contributed to the accident.
Vehicle Data and Accident Reconstruction
Event data recorders in modern vehicles capture speed, braking, and acceleration before a crash, showing how fast a drunk driver was going and if they tried to stop. Accident reconstruction specialists study skid marks, damage, debris, and road conditions to explain how the crash occurred and if it could have been avoided.
Damage patterns reveal impact forces and which driver caused the collision. Tire marks and road evidence show swerving or no braking, often exposing delayed reactions. This evidence provides a clear picture of the driver’s actions and crash severity.
Criminal Case Evidence That Supports Civil Claims
Arrest reports describe why a driver was charged with DUI, including behavior, appearance, and sobriety test results, and are admissible in civil cases. Criminal discovery materials such as lab reports and witness statements also support claims of impairment.
Plea agreements, where a driver admits guilt, strengthen liability evidence. Testimony from criminal trials and expert opinions on intoxication can be used in civil cases. Sentencing reports and victim impact statements further show the effects of the drunk driver’s actions and support damage claims.
Cell Phone Records and Electronic Evidence
Phone records reveal if drunk drivers were texting, calling, or using apps while driving, adding another layer of danger. Time stamps can match the crash timeline, proving distraction.
GPS data shows where drivers traveled before the collision, linking them to bars or parties and revealing erratic routes or stops that suggest impairment. App logs, such as social posts, canceled rides, or confused searches, offer more proof. Time-stamped phone activity creates a clear record connecting the driver’s actions to the accident.
Preserving Evidence Before It Disappears
Video footage is often erased or overwritten quickly. Traffic cameras may keep recordings for a few days or weeks, and business security systems usually recycle storage.
Attorneys must send preservation letters right away to ensure relevant footage is saved. Social media posts can be deleted by drivers who realize they show drinking before accidents, so screenshots or downloads are important.
Deleting posts can also indicate the driver knew they were impaired. Physical evidence at the scene, like skid marks or debris, can disappear fast, so early photos and measurements are crucial. Witness memories fade, so prompt interviews preserve accurate accounts and contact information for later use in court.
Understanding Insurance Coverage Issues
Drunk drivers often have auto insurance with bodily injury liability coverage, which can still apply after a DUI. Policy limits may not cover all damages, especially in severe injury cases. Your own underinsured motorist coverage can help if the driver’s policy is too low.
Bars or restaurants may have commercial insurance that adds compensation when overserving is involved. Some drivers also carry umbrella policies for extra protection. A drunk driving accident injury attorney can find all available coverage to help recover full compensation for your injuries and losses.
Get Help From an Experienced DUI Car Accident Lawyer
When a drunk driver’s recklessness leaves you injured, you need a car accident lawyer who knows how to build powerful cases and fight for maximum compensation. The Gauthier & Maier Law Firm, P.C. team has extensive experience handling drunk driving accident cases throughout Albuquerque and Los Lunas.
We know how to gather and preserve critical evidence, deal with insurance companies that try to minimize what they pay, and hold all responsible parties accountable. Don’t let vital evidence disappear while you’re focused on recovery. Call us at (505) 226-0009 or complete our online form to discuss your case and learn how our skilled personal injury attorney team can help pursue the justice and compensation you deserve.
Frequently Asked Questions About Drunk Driving Accident Evidence
What if the drunk driver wasn’t arrested or charged?
You can still seek civil compensation even if no criminal charges are filed, since civil cases require less proof. Your DUI accident lawyer can use evidence of impairment to support your claim.
How long do I have to file a claim after a drunk driving accident?
In New Mexico, personal injury lawsuits usually must be filed within three years, though some cases have shorter limits. Reaching out to an attorney quickly helps protect your rights and preserve evidence.
Can I get copies of the police report myself?
Police reports are public records, but it’s best to have your attorney request them to get complete files, including supplements. They can also interpret the reports and spot key details.
What if the drunk driver’s insurance isn’t enough to cover my damages?
Your injury attorney will find all possible compensation sources, including underinsured motorist coverage, claims against bars that served the driver, and other liable parties.
Do I need a lawyer if the drunk driver’s insurance company seems willing to settle?
Insurance companies often make quick, low settlement offers before you understand the full extent of your injuries and future needs. Legal representation ensures you receive fair compensation that covers all your damages.