The decision to drive while intoxicated demonstrates a reckless disregard for human life. Whether impaired by alcohol, illegal drugs, or prescription medications, these drivers gamble with others’ safety every time they get behind the wheel. Their diminished reaction time, impaired judgment, and reduced coordination can lead to serious accidents—and if you were injured by an impaired driver in Cincinnati, you have grounds for legal action. Our Cincinnati car accident lawyer will fight tirelessly to secure justice on your behalf if you are injured by an impaired motorist.
Ohio’s Impaired Driving Laws
Operating a vehicle under the influence (OVI) is a serious criminal offense in Ohio. The law prohibits driving any vehicle while impaired by alcohol, drugs, or a combination of both substances. Drivers can face arrest if a police officer determines they are too impaired to operate a vehicle safely.
Ohio’s per se laws automatically charge drivers with OVI offenses based on their blood alcohol or drug concentration levels. Unlike standard OVI charges that require proof of visible impairment, per se violations need only show that the driver’s chemical test results met or exceeded legal limits. For example, a blood alcohol content (BAC) of 0.08% or higher automatically violates the law, even if the driver showed no obvious signs of intoxication.
Criminal Charges vs Civil Claims in OVI Accidents
While the criminal justice system punishes impaired drivers through fines, license suspension, and possible jail time, these penalties do little to support victims in the aftermath of an accident. If an impaired driver injured you, you also have the right to pursue a civil claim to recover compensation for your losses.
Civil lawsuits operate independently from criminal proceedings and require different standards of proof. You can seek damages for medical expenses, lost wages, pain and suffering, and other crash-related costs regardless of the outcome of any criminal case against the impaired driver.
Evidence Needed to Prove Driver Impairment
To recover compensation in an OVI accident lawsuit, you need to show that the driver’s negligent or reckless behavior caused your crash and your subsequent damages. Several pieces of evidence can help you prove that the driver was impaired, such as:
- Police Reports and Citations: This official documentation captures the responding officers’ observations, field sobriety test results, and any charges filed at the scene.
- Chemical Test Results: Blood, breath, or urine analysis provides scientific evidence of alcohol or drug levels present in the driver’s system at the time of the crash.
- Surveillance Footage: Video from nearby businesses, traffic cameras, or dashcams may show erratic driving behavior and capture the sequence of events leading to the collision.
- Witness Statements: Firsthand accounts from other drivers, passengers, or bystanders often provide compelling testimony about the impaired driver’s conduct.
- Medical Records: Emergency room reports and ongoing treatment documentation establish the direct connection between the crash and your injuries.
A Cincinnati car accident lawyer can conduct a thorough investigation to obtain these pieces of evidence and more. They also know how to leverage this evidence to craft a compelling case for compensation, proving to insurers and juries that you are entitled to damages.
Get Help with Your Impaired Driving Accident Claim Today
If you have been injured by an impaired driver, you deserve justice and full compensation for your injuries. Monge & Associates has the experience and resources to hold drunk drivers accountable and fight for a fair settlement on your behalf. Contact us at (513) 224-5591 for a free consultation and learn how we can help you recover.