Sections 37 to 40 of the North Carolina Crash Report Form DMV-349 refer to suspected alcohol/drug influence at the time of the accident. A Raleigh alcohol/drugs crash report covers whether drugs or alcohol were suspected, any applicable test results and whether the vehicle was seized. If you were in an accident where drugs and alcohol were either a proven or suspected factor, speak with a qualified car accident lawyer who can help you understand the alcohol/drugs crash report section 37-40.
(37) Alcohol/Drugs Suspected
Section 37 refers to whether drug or alcohol impairment was suspected. The options for this section are:
- No
- Yes – alcohol, impairment suspected
- Yes – alcohol, no impairment detected
- Yes – other drugs, impairment suspected
- Yes – other drugs, no impairment detected
- Yes – alcohol and other drugs, impairment suspected
- Yes – alcohol and other drugs, no impairment detected
- Unknown
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(38) Alcohol/Drugs Test Status
Section 38 covers whether any tests for these substances were taken. These options are:
- No test
- Alcohol test
- Test for other drugs
- Alcohol & other drugs test
- Test refused
- Unknown
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(39) Alcohol/Drugs Test Results
Section 39 lists the results of any applicable tests. This includes:
- No test
- No alcohol or other drugs
- Alcohol (percent BAC)
- Other drugs reported
- Contaminated sample/unusable
- Pending
- Unknown
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(40) Vehicle Seizure (DWI)
Finally, section 40 of the Raleigh alcohol/drugs crash report refers to whether a vehicle in the crash was seized due to a DWI. This language states:
Check this box if the crash involves alcohol or other drugs in sufficient amount to constitute a DWI, and the vehicle is “seized.”
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DWI Laws in North Carolina
Driving While Impaired (DWI), also known as drunk driving, is a serious offense in North Carolina. All the state’s alcohol and drug-related driving laws were grouped under the single offense of DWI with the North Carolina’s Safe Roads Act of 1983. The blood alcohol concentration (BAC) is the means of deciding whether a driver is legally impaired. The following are BAC limits:
- Commercial drivers (CDL) – 0.04 percent
- Younger than 21 – any alcohol concentration
- 21 years old or older – 0.08 percent
- Prior DWI – 0.04 percent
The state will also evaluate as to whether the driver’s mental or physical fitness is provably diminished as a result of imbibing drugs, alcohol, or both.
How a DWI Affects Liability
If a car accident was the result of at least one of the drivers’ impaired abilities, they are generally liable for any resulting injuries. Since a DWI is a criminal offense, it is usually relatively easy to prove that they are the ones at-fault.
This makes the alcohol-drugs crash report section 37-40 extremely important in any resulting personal injury case. An attorney can review this section of the crash report and explain how it would affect recovering compensation.
Consulting a Solid North Carolina DWI Attorney
A prudent and motivated lawyer could help use the alcohol-drugs crash report section 37-40 to show that the impaired driver caused the crash and was therefore liable for your injuries. For help understanding your Raleigh alcohol/drugs crash report and how it may affect your ability to recover compensation, call today for a free consultation.
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