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  • Andrew Littlejohn Johnson

Does It Matter If the Other Driver Was Arrested for DUI?

It is against the law to drive while under the influence of alcohol in South Carolina – just as it is in every other state in the nation. In fact, drunk driving is responsible for some of the deadliest accidents on our roads. If you or someone you care about has suffered an injury in a car accident that was caused by a drunk driver, seek the professional legal guidance you need from an experienced South Carolina car accident attorney today.

Drunk Drivers Are Dangerous Drivers

The National Safety Council (NSC) reports that once motorists’ blood alcohol concentration (BAC) reaches .08 percent, most experience significant decreases in their driving performance. The United States has decreased the number of crashes caused by alcohol since the 1980s through the following efforts:

  1. Implementing the .08 percent BAC limit

  2. Raising the minimum drinking age to 21

  3. Implementing educational campaigns to inform motorists about the dangers of drinking and driving

The problem, however, has not gone away. In the last two decades, impaired drivers (with BACs of at least .08 percent) have played a role in about 33 percent of all fatal traffic accidents, which translates to 10,000 deaths a year.

If the Other Driver Is Arrested for DUI

If another driver’s negligence leaves you injured in a car accident and they are arrested for DUI, you may have concerns about what you can do to recover on your losses, which can be considerable. The fact is that every motorist owes everyone else on the road a considerable duty of care, and alcohol impairment is a direct breach of this responsibility. If the officer at the scene recognizes the other driver’s impairment and arrests them, there is likely little question about the issue of negligence, which can bolster your car accident claim.

Your Claim

Your car accident claim is a civil matter, which is separate from the issue of the other driver’s arrest for DUI (a criminal matter). The fact that the other driver is deemed to have been under the influence of alcohol at the time of the accident helps to solidify the fact of their negligence in your car accident claim, but the two matters are otherwise separate legal concerns. In your claim, you can seek compensation for the physical, financial, and emotional losses you incur as a result of that other driver’s impairment, including:

  • Damage to your vehicle

  • Current, ongoing, and future related medical bills

  • Lost income due to time lost on the job

  • Physical and emotional pain and suffering

An Experienced South Carolina Car Accident Attorney Is Standing by to Help

Andrew Littlejohn Johnson at Littlejohn Law – proudly serving Columbia, Allendale, Jasper, Orangeburg, and Hampton, South Carolina – is an accomplished car accident attorney with an impressive track record of guiding accident claims involving drunk drivers (like yours) toward advantageous outcomes. Learn more by contacting or calling us at 803-764-4099 today.


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