If you have been injured in a car accident due to another driver’s negligence, you might wonder which steps officers can take at the scene to investigate that driver to determine if he or she is operating the vehicle under the influence of drugs or alcohol.
It is not standard protocol for officers to issue drug or alcohol tests of drivers when they arrive at an accident site and develop a police report. There are some exceptions involving accidents caused by employees of companies that have mandatory drug or alcohol tests as stipulations of their contracts, but in general, an officer will not automatically force a driver to take such a test after an accident.
However, an officer will issue a drug or alcohol test if he or she has any reason to suspect the driver was under the influence. In this situation, the procedure at an accident site would become the same as that of a routine traffic stop.
Some of the factors that could lead an officer to suspect intoxicated driving include:
- Slurred speech
- Smell of alcohol or marijuana
- Empty or opened bottles of alcohol in the vehicle
- Visible drugs or drug paraphernalia in the vehicle
The presence of these factors provides the officer with probable cause to investigate the driver for DUI, which includes asking the driver to submit to a breath, urine or blood test.
For more information on how you can hold a driver responsible for his or her negligence in causing your accident and resulting injuries, meet with a skilled Bradenton personal injury attorney at Goldman, Babboni, Fernandez, Murphy & Walsh.