How can I find out if the other driver was under the influence at the time of the accident?
If you were involved in a car accident in Wisconsin and you suspect that the other driver may have been under the influence of drugs or alcohol at the time, there are a few steps you can take to find out for sure. First, you should contact the police who responded to the accident. They will have conducted tests to determine if the other driver was under the influence of drugs or alcohol, and their report should contain the results. If the police report indicates a positive test result from the other driver, that is the most reliable indication that the other driver was indeed under the influence. If the police report does not indicate any presence of drugs or alcohol, you can request that a DUI-specific blood test be conducted on the other driver. The sample must be taken within four hours of the accident. Once the test results are in, you can look at the level of drugs or alcohol present in the other driver’s blood to determine if it was higher than the legal limit. In some circumstances, you may also be able to obtain any surveillance footage that may be available from businesses or homes near the accident scene. Evidence from the footage of the other driver’s actions before and during the accident may also point to possible intoxication. It is important to note that the presumption of guilt based on the results of any tests or evidence collection must be weighed against the legal presumption of innocence. However, if you can get conclusive evidence that the other driver was under the influence at the time of the accident, you may have legal recourse.
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