7 Signs the Driver Who Hit You Was Under the Influence

After a serious car accident, many victims are left wondering what caused the crash. If the other driver seemed erratic or impaired, you might suspect alcohol or drug use, even if the police didn’t make an arrest on the spot. But proving the driver was intoxicated can be critical to your injury claim and may impact how much compensation you receive.

At Pribila and Fields, we help victims of suspected drunk driving accidents throughout Colorado Springs and beyond. Below are seven warning signs that the driver who hit you may have been under the influence and what you can do to strengthen your case.

1. Slurred Speech or Bloodshot Eyes

Immediately after a crash, you may have spoken with the other driver. If you noticed slurred speech, red or watery eyes, or difficulty standing, these are classic signs of alcohol or drug impairment. These observations can become valuable witness statements later, especially if police reports or medical tests are inconclusive.

2. The Driver Admitted to Drinking

It’s more common than you might think: in the stress of a collision, a driver might admit they “only had a couple of beers” or that they were “coming from a party.” Even casual statements like these can help support a claim that the person was driving under the influence, particularly if you or a passenger overheard the comment.

3. Open Alcohol or Drug Paraphernalia in the Vehicle

If you saw beer cans, liquor bottles, or drug-related items inside the other driver’s vehicle, let the responding officers know. Take photos if you can do so safely. Even if the driver tries to hide or discard these items before police arrive, your documentation may be used as evidence in both criminal and civil cases.

4. Dangerous or Bizarre Driving Behavior Before the Crash

Drunk drivers often swerve, drive too fast or too slow, ignore traffic signals, or tailgate other vehicles. If you or a witness saw the driver behaving this way before the collision, your attorney can use that testimony to argue that the driver’s intoxication caused the crash.

Many drunk driving cases hinge on proving impaired judgment. Describing how the other vehicle was operated in the moments before impact can be a powerful piece of evidence.

5. Refusal to Cooperate With Police

A refusal to take a breathalyzer test, perform field sobriety tests, or answer basic questions may indicate the driver is trying to avoid a DUI charge. While people do have rights, avoiding interaction with law enforcement, especially after a serious crash, can raise questions about intoxication and may even result in license suspension under Colorado’s express consent law.

6. A Delayed Arrest or Later DUI Charge

Sometimes police don’t arrest a driver at the scene, but that doesn’t mean the driver is in the clear. If the officer suspects impairment, they may conduct follow-up interviews, request toxicology reports, or obtain surveillance footage. If the driver is arrested or charged in the days or weeks following the crash, that information can be crucial to your personal injury case.

7. Prior DUI Convictions or Suspended License

If the driver has a history of DUI convictions or was driving on a suspended license due to a prior offense, it could strengthen your claim. A known history of impaired driving makes it more likely that they were reckless again and increases the odds of a successful lawsuit or higher settlement.

How to Prove the Other Driver Was Intoxicated

Even if no breath test or arrest occurred at the scene, there are still ways to build a strong claim that the other driver was impaired. Your attorney will work to collect the following types of evidence:

• Police reports that include officer observations or witness statements
• Dashcam or surveillance footage showing erratic driving or field sobriety tests
• Medical records showing drug or alcohol levels (if available)
• Photos of the accident scene, vehicle damage, or objects in the other car
• Statements from witnesses who noticed signs of impairment

Proving intoxication can also open the door to punitive damages in a car accident case, extra compensation designed to punish reckless behavior and deter future harm.

Why It Matters for Your Injury Claim

If you were injured in a crash caused by an impaired driver, proving intoxication isn’t just about holding them accountable; it can directly affect how much compensation you’re entitled to. Colorado law allows victims to pursue damages for medical expenses, lost wages, emotional distress, and more. When the at-fault driver was intoxicated, the courts and insurance companies may award higher settlements or jury verdicts.

However, the burden is still on you or your attorney to prove liability. That’s why it’s essential to document everything and seek legal help as soon as possible. Time is critical, as evidence can disappear and witnesses may become harder to reach.

We’ll Help You Get the Justice You Deserve

At Pribila and Fields, we take drunk driving cases seriously. We know the damage these crashes cause, not just physically, but emotionally and financially as well. If you believe the person who hit you was under the influence, contact us today. We’ll investigate the facts, protect your rights, and fight for the full compensation you’re owed.