Drunk driving presents one of the greatest hazards to motorists on the highway. The act of driving while intoxicated is simply reprehensible. By its very nature, a drunk driving accident is almost always serious and requires an attorney's extra diligence. We have successfully handled numerous cases on behalf of innocent victims of drunk driving. We target drunk drivers and make them pay.

Drunk Driving Accidents

Drunk Driving -- A Continuing Hazard

We believe without doubt that drunk driving represents the greatest highway risk today. As attorneys, we play a vital role in bringing drunk drivers to justice when criminal penalties alone may not suffice. When a drunk driver hurts a client of ours, we target the wrongdoer and make him pay. Injured victims deserve justice. Drunk drivers deserve to be held responsible.

Higher Criminal Penalties May Not Be Enough

It seems that almost every year, our lawmakers wisely seek to tighten the criminal drunk driving laws and eliminate legal loopholes available to drunk drivers. By way of example, Virginia has followed many other states in lowering the threshold blood alcohol content (BAC) level for intoxication from .10 to .08.

Also, police may now measure a drunk driver's intoxication level with a breath analyzer only, as opposed to the more difficult blood sample analysis often used in the past.

Finally, criminal sanctions such as mandatory jail sentences, fines, and license revocations are now tougher.

Nonetheless, the news about drunk driving does not appear to get much better. Nationally, we can expect a drunk driving death on our highways roughly every 30 minutes.

In short, despite lawmakers' best efforts, drunk driving continues to be a menace.

Drunk Driving Cases Differ From the Rest.

Drunk driving cases tend to involve serious collisions and serious injuries. These cases by their very nature require experienced and focused attorneys.

In addition to the serious injuries or even death that can arise from drunk driving, these cases also tend to involve higher emotional and financial ramifications. We know from experience that insurance companies will invest more money, time, and resources on the case when legally defending a drunk driver. Insurers are more likely to take additional defense measures such as hiring teams of accident reconstructionists or toxicology experts in order to avoid liability.

Therefore, we as attorneys must be aggressive as well if we wish to "even the field" against drunk drivers and their insurance companies.

Proving Intoxication is the Key.

Proving the fault (by intoxication) of the drunk driver may be more challenging than would be expected. Often, we can make use of the evidence compiled by the police in prosecuting the wrongdoer. This may include the officer's field notes, photographs, and observations of the suspect. We typically work closely with police officers to develop this evidence. We can also rely upon the findings of the scientific analysis performed on the suspect's breath or blood sample given after his arrest.

However, in many cases we are unable to make use of this evidence. After all, drunk drivers who cause injury to others are not always caught by the police, or they may be arrested but escape conviction through legal technicalities.

In such cases, we as attorneys are called upon to devise our own solutions. In the absence of police evidence, we have worked with toxicology experts to prove that a particular driver was in fact drunk on a certain occasion. We have also turned to other forms of evidence such as eyewitness testimony, hospital admission records, and hospital toxicology screenings to prove cases of drunk driving.

The Punitive Damage Issue

In specific cases, victims of drunk drivers may be able to recover additional money damages known as punitive damages. As the name suggests, punitive damages are intended to punish the wrongdoer and hopefully deter similar conduct in the future. They also provide extra compensation to victims, which is certainly fair. Punitive damages are rare in Virginia, but completely appropriate in drunk driving cases.

We view that punitive damages are a powerful victim's right in the fight against drunk drivers. This form of damages can also be a valuable weapon to "even the field" against their insurance companies and defense attorneys as well. We pursue punitive damages to the fullest extent possible under the law.

In summation, we take drunk driving cases seriously and are proud of our results.

Additional Statistics

According to the National Highway Traffic Safety Administration (NHTSA), in 2006, 17,602 people were killed in alchohol related collisions. This is an average of one death almost every 30 minutes. These deaths amount to 41% of all traffic fatalities.

About 3 in every 10 Americans will be involved in an alcohol-related crash at some time in their lives. (NHTSA, 2001).

In 2001, more than half a million people were injured in crashes where police reported that alcohol was present - an average of one person injured roughly every minute.

For fatal crashes occurring from midnight to 3:00 a.m., 77% involved alcohol in 2003. The next most dangerous time period for alcohol related crash deaths were 9:00 p.m. to midnight (64% involved alcohol). (NHTSA 2004).

Library for Drunk Driving Accidents:

  • New technology aimed at keeping drunk drivers off the road   
    Description: Habitual DUI offenders are a serious issue for many states, including Virginia. Law enforcement officials and alcohol-awareness groups are always looking for ways to keep known drunks off the road to reduce the number of accidents and fatalities that they cause. A new technology is gaining popularity with police departments across the country, as they struggle to cut down on the number of repeat DUIs in their communities. An ankle bracelet called SCRAM, might be the answer to authorities looking for ways to save money and prevent habitual offenders from driving while intoxicated.
  • Speaker warns Virginia teens about the dangers of drinking and driving   
    Description: Getting the message that drinking and driving don’t mix through to teen drivers can be challenging. Shrouded in a feeling of invincibility, many young people don’t think twice before engaging in risky behavior like driving while intoxicated. However, DUI survivors like Sarah Panzau are speaking out and trying to give teens an important life lesson. If you are suffering from injuries because of a drunk driver in Warrenton, Culpeper, Fauquier, or Fairfax DUI, please contact Dulaney Lauer & Thomas at 888-907-2631 (Warrenton) or 800-741-1012 (Culpeper) for help.
  • Minimum Legal Drinking Age Laws   
    Description: There have been various arguments against having the minimum legal drinking age set to 21. This article discusses research that reflects that these laws have helped decrease the number of deaths caused by drunk driving accidents. If you or a family member has been injured in a drunk driving accident in Virginia, call Dulaney, Lauer & Thomas, LLP at 888-907-2631 for our Warrenton office or 800-741-1012 for our Culpeper office.
  • The Problem of High-Risk Drunk Drivers in Fatal Crashes   
    Description: The latest news from NHTSA is chilling. High-risk drunk drivers – those with a BAC higher than 0.15 or a repeat conviction – are mores likely to be involved in a fatal traffic accident than other drivers. While alcohol-related traffic deaths may be down across the country, these high-risk drivers are still a problem and safety officials are wondering what can be done to keep these drivers off the road.
  • How Would Lowering the Drinking Age Affect Teen Drivers?   
    Description: The drinking age debate has become inflamed again recently as over 100 college presidents put their name to a petition urging legislators to lower the drinking age from 21 to 18. However, any student of US transportation history will remember the disastrous effect this change had when it was tried in the 1970s.
  • Virginia to Crack Down on Drunk Driving   
    Description: Ever noticed how some drivers think they can evade DUI checkpoints by taking back roads to get home? The good news is that Virginia’s law enforcement officers are finally doing something about this hidden danger. Virginia’s Governor Tim Kaine recently announced the latest crackdown aimed at getting drunk drivers off the road, specifically off of rural roads. With the support of Virginia State Police and local law enforcement officers, the 2008 Checkpoint Strikeforce campaign has been launched – the seventh year running for this initiative.
  • Top 15 Ways Drunk Drivers Cause Accidents   
    Description: Auto accident statistics maintained by the Virginia DMV reveal that impaired drivers contribute to alcohol-related crashes in a variety of ways. With DUI convictions increasing in recent years, find out how impaired drivers are causing accidents and what you can do to keep these drivers off the road.
  • Impaired Driving – What Can Be Done?   
    Description: Alcohol-related fatalities are a major problem in the United States. Federal and State governments are attempting to take action and pass laws to cut down on the number of impaired drivers on our roads. The federal government has published a number of guidelines that states are expected to follow in order to reduce fatalities and accidents from impaired drivers, and the state of Virginia has recently enacted new laws in an attempt to reach these goals.

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