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You’re driving down the road when you notice a car swerving between lanes or making erratic maneuvers. You wonder, “Is this driver drunk?” What should you do in this situation? Unusual, unpredictable vehicular movements could be signs of impaired driving, and drunk drivers are a serious threat on the road. As such, you should report the potentially drunk driver as soon as possible by calling 911.
By reporting a suspected drunk driver, you may help prevent a possibly devastating accident. Even if it turns out the driver isn’t impaired, addressing dangerous driving behavior could save lives. Sometimes, a small inconvenience can make a huge difference for families waiting for their loved ones to arrive home safely.
How To Safely Report A Drunk Driver
Encountering a driver who seems impaired is naturally alarming. The potential danger they pose makes it all the more important to report them immediately before a DUI accident occurs. Here’s what you need to know to report a drunk driver responsibly:
Recognize The Signs Of Drunk Driving
Spotting a drunk driver takes keen observation. Alcohol impairs senses and motor coordination skills, leading to dangerous driving behaviors like:
- Weaving in and out of lanes or drifting erratically.
- Speeding or slowing down inconsistently and without clear reason.
- Reacting slowly to traffic signals and traffic changes.
- Braking too early, too late, or for no apparent reason.
- Hitting curbs or other stationary objects.
- Tailgating or following too closely.
- Driving with headlights off, particularly during nighttime.
- Signaling is inconsistent with driving actions.
While these behaviors don’t always guarantee that a driver is under the influence, they indicate that the motorist poses a safety risk to themselves and others on the road. Reporting the driver is still the safest choice.
Prioritize Your Safety
Immediately reporting it is important, but your priority should always be your safety and that of your companions and others on the road. Drunk drivers can be unpredictable, so maintain a safe distance behind and avoid passing their vehicle. If you’re ahead, consider pulling over to the side of the road and staying out of their way.
Never attempt to stop or confront the driver yourself. Trying to interrupt or catch their attention can escalate the situation. Instead, let the authorities handle it.
Call 911
Drunk driving is considered an emergency because it poses a serious and immediate risk to everyone on the road, which is why calling 911 is the best option. However, don’t reach for your phone right away; using your phone while driving could put you in danger, too. If you have a passenger who has access to a phone, you can ask them to call 911. Otherwise, find a safe place to pull over or use a hands-free device to make the call.
Information You Need To Report A Drunk Driver
Providing accurate and detailed information to the authorities gives them a higher chance of locating and stopping the drunk driver before a car accident occurs. If you can’t call 911 immediately, memorize the important details about the vehicle and any distinguishing features. Then, share the information with the dispatcher once you can safely make the call.
Here are some important details to take note of:
- The license plate number.
- The exact location where you saw the driver.
- The direction the vehicle was traveling.
- The vehicle’s color, make, and model.
- A description of the driver’s behavior, such as swerving or erratic braking.
If you’re concerned about privacy, you don’t need to share your identity. You can report drunk driving anonymously by simply informing the 911 dispatcher you wish to remain unidentified.
What Happens After Reporting A Drunk Driver
Reporting the driver to 911 is a crucial first step, but knowing what to do next is equally important. Follow these guidelines to handle the situation effectively and stay safe while helping law enforcement address the issue:
- Make sure you follow the dispatcher’s instructions and avoid addressing the issue yourself, as it might compromise your safety or escalate the situation.
- Remain available and keep your phone nearby and charged in case authorities need to reach you.
- Once you’re back on the road, stay focused and avoid distractions. If you observe further dangerous behavior or gather new information, you can call 911 again to provide updates.
- You can leave if you are not required to stay at the scene. Law enforcement will handle the situation from there.
Since this is an emergency, the police will act quickly to locate the drunk driver and determine the best course of action. This usually involves observing the vehicle first for any signs of drunk driving.
If the authorities decide to stop a vehicle, they will approach the driver and may conduct field sobriety tests to assess the driver’s balance, coordination, and attention. They can also require the driver to take a preliminary breath test to measure their blood alcohol concentration (BAC).
If the driver fails these tests and shows a blood alcohol content over 0.08, the authorities have probable cause to arrest them and have their vehicle impounded. After the arrest, the driver must undergo a mandatory chemical test to confirm their BAC. If their BAC is found to be above the legal limit, they would then face penalties according to local laws. In California, a DUI without injury is typically classified as a misdemeanor, which could result in probation, license revocation, fines, and more.
You’ve done your part in making the roads a little safer just by reporting a drunk driver. However, the police may contact you later for more information or clarification if needed. By following these steps, you can ensure that you report a drunk driver responsibly and contribute to making the roads safer for everyone.
Legal Protections For The Person Who Reported The Drunk Driver
If you have ever seen a driver swerving or behaving erratically on the road, you may have felt compelled to take action, but hesitation might have held you back. Reporting a potentially drunk driver can be intimidating, especially if you’re concerned about getting involved.
For example, you might wonder if there could be repercussions for reporting a drunk driver. You are legally protected if you make a report based on good intentions and reasonable belief. Laws exist to encourage people to take action in emergencies without fear of consequences. While these laws don’t specifically address reporting drunk drivers, their principles apply:
- Good Samaritan Laws — The California Health and Safety Code protects individuals who provide emergency assistance in good faith during medical emergencies or accidents. While it doesn’t specifically address the act of reporting a drunk driver, the principle of acting in good faith still applies. This means that you cannot be held civilly liable for the consequences of reporting a drunk driver unless you acted with gross negligence or malicious intent.
- California Shield Laws — Reporting to 911 anonymously can protect your identity. Should a member of the press reach out to you for information regarding the incident, they cannot disclose your identity without your consent as well. California’s Shield laws are designed to protect journalists from being forced to reveal their sources.
Is It A Crime To Mistakenly Report Someone As Driving Drunk?
What if the driver is not drunk after all? Can you get in legal trouble for unintentionally making a false report? The answer is no, as long as you genuinely suspect the driver is intoxicated and believe the information you provide is truthful. It becomes a crime only if you knowingly give false details for malicious reasons.
Imagine you see a car swerving between lanes and decide to call 911 to report a suspected drunk driver. A police officer responds to your report and pulls the driver over, only to find that a mechanical issue, not intoxication, caused their driving. In such a case, you wouldn’t face legal consequences because your report was made in good faith based on the observed erratic behavior.
If you suspect a driver is intoxicated, it’s better to report it and let the authorities investigate. Your actions could help prevent a serious traffic accident.
What Should I Do If I Am Hit By A Drunk Driver?
When you report a drunk driver, you’re playing an important role in preventing potential motor vehicle accidents and saving lives. However, what if an accident occurs before the authorities get the chance to stop the vehicle? Drunk drivers cause thousands of accidents and fatalities each year. In 2022, about 37 people across the country died in alcohol-impaired driving crashes every day.
If you find yourself in the unfortunate situation of being hit by a drunk driver, here’s what you should do immediately after:
- Check for injuries and move to safety. Call 911 right away.
- Exchange information with other parties involved. Collect their name, driver’s license number, insurance policy details, etc. If you’re unsure about approaching the other driver, wait for the authorities to arrive.
- If there are witnesses, get their contact details as well. Take note of any establishments that might have CCTV to collect the footage of the accident later.
- Take photos and videos of the accident scene, including the vehicles involved, any property damage, visible injuries, and road conditions. If you have dashcam footage showing the driver’s erratic behavior, make a mental note to add it to your list of evidence.
Once you are allowed to leave, seek medical attention promptly. Some injuries may not be immediately apparent, and visiting a doctor can help diagnose and treat them right away.
Equally important is consulting with a DUI accident victim lawyer. You may be able to get compensation for your injuries and damages, including:
- Medical expenses, such as hospitalization bills, treatment costs, etc.
- Current and future rehabilitation costs, like physical therapy and chiropractic care.
- Lost wages and reduced earning potential.
- Physical pain, emotional distress, and psychological trauma.
However, you must act right away because personal injury cases have a time limit. In California, the statute of limitations is two years from the date of the accident. If you miss your deadline, you might lose the right to seek damages from the drunk driver.
Frequently Asked Questions
Can You Report A Drunk Driver After The Fact?
Yes, you can still report a potentially drunk driver after they’ve passed or are no longer in sight. This could be the case if you can’t safely pull over and call 911 immediately. While reporting a drunk driver as soon as possible is something a reasonable person considers doing immediately, ensuring your safety is equally important.
Can I Sue If I Was Hit By A Drunk Driver?
If an impaired driver injures you, you may first file a personal injury claim to get compensation from them. However, if this isn’t getting you the results you want, your attorney might suggest filing a lawsuit. Consult an injury attorney specializing in DUI accidents to learn more about this process.
Do I Need A Personal Injury Lawyer If I’m Injured In A DUI Accident?
Technically, you don’t need DUI accident victim lawyers to file a claim if a drunk driver injures you. However, navigating the legal system on your own can be challenging, and even minor mistakes could lead to a significantly lower settlement. Hiring an experienced injury lawyer can make a significant difference. They can:
- Calculate your losses accurately and negotiate with insurance companies.
- Work with you on a contingency fee basis, meaning they only get paid if they win your case.
- Build a solid case based on a strong understanding of the law and extensive investigation.
- Represent you in court if needed.
Injured By A Drunk Driver? Contact Our Lawyers For DUI Accident Victims
Encouraging citizens to report suspected drunk drivers can help prevent accidents. Unfortunately, DUI-related crashes still happen. If you or a loved one is a victim of a drunk-driving car crash, you have rights. Our DUI accident victim attorneys are here to help you seek the justice and compensation you deserve.
As one of the biggest personal injury law firms in California, Arash Law has a proven track record of holding drunk drivers accountable. In a previous case, we successfully represented a client who lost his wife in a DUI accident. The other party tried to dispute liability, but we secured $6 million in the end. We will fight for you, too.
Call (888) 488-1391 today for a free, no-obligation consultation. Our injury lawyers for DUI accident victims will explain your legal rights, assess your options, and guide you through the process. Let us handle your case so you can focus on your recovery.
