What to Do if You Suspect the Other Driver is Intoxicated (DUI)

It’s a terrifying realization at an already chaotic accident scene. The other driver approaches you, and you immediately notice the signs: the smell of alcohol, slurred speech, stumbling movements, or glassy eyes. Or perhaps their behavior is erratic and aggressive. In that moment, you realize the accident wasn’t just a mistake—it was likely caused by a crime.

Dealing with a potentially intoxicated driver after a crash is not a normal accident situation. It is a dangerous and volatile scenario that requires you to prioritize your safety above all else. Your goal is not to confront the driver or prove they are drunk; your goal is to protect yourself and alert law enforcement to the crime that has been committed.

Knowing the precise steps to take can keep you safe and ensure that the intoxicated driver is held accountable, both criminally and civilly, for their reckless actions.

Useful Information for You: In a Nutshell

• Your Safety is the Only Priority: An intoxicated person is unpredictable. Do not confront them or get into an argument. Create a safe distance.
• Call 911 Immediately: This is an emergency. When you call, your first statement to the operator should be, “I’ve been in a car accident, and I believe the other driver is intoxicated.”
• Observe and Document from a Distance: Do not engage with the driver. From a safe place, make mental or written notes of their behavior, appearance, and anything they say.
• Let the Police Handle It: Do not try to be a detective. It is the police officer’s job to conduct field sobriety tests and make an arrest. Your job is to be a good, safe witness.
• A DUI is Powerful Evidence: A DUI arrest or conviction is one of the most powerful pieces of evidence you can have for your personal injury claim, often proving negligence conclusively.

Step 1: Prioritize Your Safety and Create Distance

An intoxicated individual’s behavior can be unpredictable, irrational, and potentially violent.

• Do Not Confront or Accuse: Never say, “I think you’re drunk!” or “Have you been drinking?” An accusation can escalate a tense situation into a dangerous one.
• Keep the Interaction Minimal: If you must exchange information, do so briefly and politely. If you feel unsafe at any point, retreat to the safety of your locked car.
• Avoid Being Alone With Them: If there are other people around, stay near them. If not, wait in your vehicle.

Step 2: The Critical 911 Call

Your call to 911 is the most important action you will take. How you phrase your initial report is key.

• Lead with the DUI Suspicion: When the operator answers, your first sentence should clearly communicate the potential crime. Say, “I’ve been in a car accident, and I believe the other driver is under the influence.”
• Why this matters: Stating this upfront flags the call as a high-priority, active crime scene. It alerts the responding officers that they will be dealing with a potential DUI, which requires a specific investigative protocol.
• Provide Details: Give the dispatcher your location and a description of the driver and their vehicle. If they try to leave, report it immediately.

Step 3: Be a Good Witness (From a Safe Distance)

While you wait for the Tacoma Police or Washington State Patrol to arrive, your job is to be an excellent observer. Your testimony will be crucial. Take note of:

• Physical Signs: Are they swaying or stumbling? Are their eyes bloodshot? Is their speech slurred?
• Actions: Did you see them try to hide any bottles or cans in their car?
• Statements: Did they say anything incriminating, like “I only had a couple of beers”?

Write these details down in your phone’s notes app as soon as you can so you don’t forget them. If you can do so safely and discreetly from inside your car, taking a video of their behavior can be powerful evidence.

Step 4: Let the Police Do Their Job

Once an officer arrives, calmly tell them the facts of the crash and, separately, the specific observations that made you believe the other driver is intoxicated. The officer will then take over. They are trained to conduct a DUI investigation, which may include:

• Field Sobriety Tests (e.g., walk-and-turn, one-leg stand).
• A portable breathalyzer test.

If the officer establishes probable cause, they will arrest the driver for DUI. The results of these tests and the arrest itself will be documented in the police report, becoming the strongest possible evidence for your civil claim.

Being hit by a drunk driver is a deeply violating and traumatic experience. The criminal justice system will hold the driver accountable for their crime, but it is the civil justice system that will provide you with financial compensation for your injuries. If you have been injured by an intoxicated driver in the Tacoma area, search the Car Accident Lawyer Directory Tacoma. Find a trusted local attorney who specializes in DUI accident cases and can fight to ensure you receive the maximum compensation you deserve for such a reckless act.

References

• Washington Traffic Safety Commission (WTSC) – Impaired Driving:

  The official state resource providing data, laws, and public safety information about the dangers and consequences of drunk driving in Washington.

  https://wtsc.wa.gov/programs-priorities/impaired-driving/

• Revised Code of Washington (RCW 46.61.502) – Driving under the influence:

  The official state law that defines the crime of DUI. An arrest for violating this statute is key evidence in a civil case.

  https://app.leg.wa.gov/rcw/default.aspx?cite=46.61.502

• Mothers Against Drunk Driving (MADD) – “What to do if you are a victim of a drunk driving crash”:

  A leading national advocacy group providing guidance and support for victims of DUI crashes.

  https://madd.org/get-help/victim-services/