If you’ve been injured in a crash caused by a suspected drunk driver, proving intoxication is one of the most important parts of your case. While the police may handle criminal charges, your civil injury claim requires its own evidence, especially if you want to maximize your compensation. Insurance companies may deny or downplay responsibility unless there’s solid proof of impairment.

At Bell & Pollock, we’ve seen how drunk driving wrecks lives. We also know that many victims assume a DUI arrest is enough to guarantee a successful claim. Unfortunately, that’s not always the case. Even if the other driver is arrested or charged, you still need to prove that their intoxication caused the crash and your injuries. That’s where legal strategy, experience, and evidence come in.

Key Evidence That Can Prove the Other Driver Was Drunk

There are multiple ways to demonstrate that a driver was under the influence at the time of a crash. Some are obvious, like a breath test or blood results, while others require more digging. A combination of these is often what builds the strongest case:

• Police Reports: Officers responding to the crash often note signs of impairment, such as slurred speech, bloodshot eyes, unsteady movements, or the smell of alcohol. These reports can be powerful evidence in both criminal and civil cases.
• Breathalyzer or Blood Test Results: If the driver submitted to chemical testing, the results can show their blood alcohol concentration (BAC). In Colorado, a BAC of 0.08% or higher is considered legally intoxicated for drivers over 21.
• Field Sobriety Tests: Failing standardized field sobriety tests, like the walk-and-turn or one-leg stand, can help support claims that the driver was impaired.
• Witness Statements: People who saw the crash or interacted with the driver before or after it happened may have noticed erratic behavior, drinking, or slurred speech. Eyewitnesses can help fill in the blanks if a driver refuses testing.
• Surveillance or Dashcam Footage: Many DUI crashes occur near bars, restaurants, gas stations, or intersections with cameras. Video evidence showing a driver stumbling to their car or driving recklessly is hard to refute.
• Bar Receipts or Social Media: If the drunk driver had been drinking at a bar or restaurant before the crash, receipts, time stamps, and even photos can show how much they consumed. In some cases, posts or stories shared before the crash can backfire on them in court.

Our drunk driving accident attorneys know how to gather and preserve this evidence quickly, especially when it’s time-sensitive. The more proof we collect early on, the harder it becomes for insurance companies to dispute liability.

What If the Driver Refuses Testing or Isn’t Arrested? Can You Still Prove They Were Drunk?

Yes, but it becomes more difficult and requires skilled investigation. In some DUI crashes, the driver may refuse breath or blood testing. In other cases, police may not file criminal charges, especially if the driver left the scene or appeared sober by the time they were located.

However, that doesn’t mean the civil case is over. A personal injury claim uses a different standard of proof than a criminal case. In a criminal DUI prosecution, guilt must be proven “beyond a reasonable doubt.” But in a civil lawsuit, we only need to prove that the driver was more likely than not impaired, also known as the “preponderance of the evidence” standard.

In these situations, we rely heavily on circumstantial evidence such as:

• Erratic driving patterns before the crash (e.g., swerving, sudden stops, speeding)
• Eyewitness testimony describing intoxicated behavior
• Prior DUI convictions or license suspensions
• Statements made by the driver at the scene (e.g., admissions of drinking)
• Photographic evidence of open containers in the vehicle

Even without a BAC reading, these facts, when presented together, can form a compelling picture of intoxication. Our legal team works with investigators, toxicology experts, and accident reconstruction professionals to build a powerful argument that holds impaired drivers accountable.

Why Fast Action Makes a Big Difference

Time is your enemy after a drunk driving crash. Evidence can disappear quickly. Video footage may be erased. Witnesses may forget details or become hard to contact. Physical signs of impairment (like alcohol in the vehicle) may not be documented unless an attorney gets involved early.

The sooner you involve an attorney, the more likely we can collect crucial information before it’s gone. That’s why we urge clients to reach out as soon as they’re able, even if they’re still in the hospital. You don’t have to wait for the other driver to be convicted to start building your case.

We handle communication with police, insurance companies, and witnesses while you focus on healing. Our goal is to make the process as stress-free as possible while securing the maximum compensation for your injuries, lost wages, medical bills, and pain.

Holding Drunk Drivers Accountable in Colorado

In Colorado, victims of drunk driving accidents may be entitled to more than just standard personal injury damages. In some cases, you may be able to pursue punitive damage, a special type of compensation designed to punish egregious or reckless conduct.

If the driver’s behavior was particularly dangerous, such as excessive speeding, multiple DUI offenses, or driving with a suspended license, courts may award additional compensation to send a message. These cases also often involve third-party liability, like suing a bar or restaurant that knowingly over-served the driver.

But none of that happens without solid evidence that proves intoxication. That’s where our team comes in. We know what to look for, who to contact, and how to build a case that insurance companies can’t ignore.

Contact us at Bell & Pollock today if you’ve been injured by a drunk driver in Colorado. We’ll investigate your case thoroughly, fight to prove the driver’s impairment, and work to secure every dollar you deserve. The consultation is free, and you pay nothing unless we win.