Thanksgiving Car Accidents and DUI Risk after Drinksgiving

Vehicle Code § 23152(b) prohibits driving with a blood alcohol concentration (BAC) of 0.08% or more. Section 23152(a) covers driving under the influence of alcohol. A reading below 0.08% can still lead to a charge under that section. The question is whether alcohol left the driver unable to drive as carefully as a sober person would in the same situation. See the impaired driving overview for more on alcohol-related charges.

In this fictional example, the crash report lists the impact at 11:58 p.m. Wednesday. Dispatch logs the first call at 12:04 a.m. Thursday. A scene photo shows a time of 12:16 a.m. A blood draw takes place at 2:59 a.m.

The draw comes three hours and one minute after the reported crash. It comes two hours and 55 minutes after the call. To see whether the three-hour rule applies, start with what supports the time of driving.

• Crash report. Did the officer see the crash, use a witness’s estimate, or get the time from dispatch?
• Dispatch log. Check whether the entry shows when the call came in or when the caller said the crash happened.
• Original scene photo. Check what the photo shows. Find out if anyone moved the cars before the photo.
• Blood draw record. Find the collection time. Match the sample ID to the lab result.

If a dashcam shows the crash, check its clock. Look for an event in the clip that another source timed. Keep the original clip and photos with their timestamps.

Two records can list the same time because one copied the other. For example, a report may use the time from the dispatch log. Note where each time came from before using the records to check each other.

Under § 23153(b), the jury may infer that the driver’s BAC was at least 0.08% while driving. For the jury to draw that inference under the three-hour rule, prosecutors must prove two facts beyond a reasonable doubt.

• Someone took the blood or breath sample within three hours after the person drove.
• The test showed a BAC of at least 0.08%.

The jury can reject the inference even when prosecutors prove both facts. In the example, the dispatch log shows when the call came in. Start the three-hour window from when the person drove. If a video shows the car moving after impact, check who was driving and when.

A sample from outside the three-hour window can still provide evidence. Its weight depends on how well other facts link it to the time of driving. When you review a blood alcohol test result, check when someone took the sample. The lab may test it or report the result much later.

In the same example, suppose the report says the driver turned across an oncoming lane. A witness who saw the turn can describe where the cars were before impact. Use photos of vehicle damage, debris, and lane markings to check whether the scene fits that account.

Find out if anyone moved the cars before taking photos. Note which images show where the cars came to rest and which show their later positions. An accident reconstruction can use damage patterns and other records to check the order of events.

Suppose a passenger reports shoulder pain. Check where they sat and which side of the car took the hit. Then compare those facts with the first medical record. An ambulance report may capture when the passenger first mentioned pain. A later exam may describe what the clinician found.

If the cars hit twice, check which impact each witness describes. Photos or video may help show which came first. An early medical record can describe symptoms even if it leaves open which impact caused them.

More than one event can cause an injury. Under § 23153, the alleged act or failure must be a substantial factor. Its role must be more than minor or remote.

For example, the oncoming driver’s speed may help explain the force of the crash. Prosecutors still have to show that the alleged turn played a substantial part in causing the passenger’s injury.