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An impaired driver makes a decision before the crash that changes everything about the case. That decision is why Georgia law treats drunk driving collisions differently from ordinary negligence claims, and it is why the evidence and the damages available in these cases look nothing like a standard rear-end dispute.
Our office sits on Hugh Howell Road in Tucker. We handle impaired driving cases arising from Lawrenceville Highway, Mountain Industrial Boulevard, Hugh Howell Road, and the I-285 interchanges that carry Tucker commuters every day.
The criminal case is not the civil case. A prosecutor must prove guilt beyond a reasonable doubt. In a civil claim we prove negligence by a preponderance of the evidence, and a driver who pleads down to reckless driving, or who refuses the breath test altogether, can still be held fully liable for the harm caused.
The legal limit matters, but it is not the whole story. Georgia sets the limit at a blood alcohol concentration of 0.08 under O.C.G.A. § 40-6-391, with a lower threshold for commercial drivers and a zero-tolerance standard for drivers under 21. A driver below 0.08 can still be negligent if impairment, fatigue, or distraction caused the collision.
Punitive damages may be available. Under O.C.G.A. § 51-12-5.1, a jury may award punitive damages where the defendant’s conduct showed willful misconduct or that entire want of care which raises the presumption of conscious indifference to consequences. Impaired driving fits that description, and punitive damages are awarded on top of compensatory damages.
Who served the alcohol can also be liable. Georgia’s dram shop statute, O.C.G.A. § 51-1-40, allows a claim against a bar, restaurant, or social host that knowingly served alcohol to a person who was noticeably intoxicated and under the age of 21, or who was served after the point of visible intoxication, where that service caused the injury.
Impaired driving evidence has a short shelf life. We move immediately to obtain and preserve:
Under O.C.G.A. § 9-3-33 you generally have two years from the date of the crash to file, but the video, the receipts, and the electronic data are frequently gone within weeks. Contact us early so we can send written preservation demands while the record still exists.
We pursue the full measure of damages: emergency and hospital care, surgery, rehabilitation, future medical treatment, lost wages and lost earning capacity, property damage, and the non-economic losses of pain, suffering, and diminished quality of life. Where a crash causes catastrophic injury, our traumatic brain injury attorneys and wrongful death lawyers handle the claim.
Read more about our Georgia drunk driving accident practice, our Tucker car accident lawyers, and our Tucker personal injury practice.
What if the driver refused the breath test? A refusal does not end the case. Refusal is admissible in the criminal proceeding, and in the civil claim we build impairment proof from driving conduct, witness statements, field sobriety observations, and toxicology obtained later.
Do I have a claim if the charges were dropped? Very often, yes. The civil standard is lower, and a dismissed criminal charge has no bearing on whether the driver was negligent.
Can I recover if the impaired driver had no insurance? Possibly. We pursue uninsured and underinsured motorist coverage on your own policy, and we examine whether a dram shop claim against a serving establishment can supply an additional source of recovery.
Lamar Law Office, LLC — Atlanta LegalCare. 4500 Hugh Howell Road, Suite 140, Tucker, GA 30084. Call 1-877-227-3404 for a free consultation. More than legal service. We care.
Our Tucker office at 4500 Hugh Howell Road handles these claims throughout DeKalb County and metro Atlanta. Each guide covers how the claim works under Georgia law, what the local evidence looks like, and what our attorneys do first.