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Auto Accident 11.20.2021

Drunk Driver Injury Claim?

The Michigan drunk driving accident lawyers at the Joseph Dedvukaj Firm represent victims of alcohol-related crashes.  We hold drunk drivers accountable and the business that serve visible intoxicated persons alcohol prior to the crash.  A drunk driving accident lawyer will hold the intoxicated driver responsible for the injury or damage caused by the crash.

In addition to the criminal charges against the drunk driver, victims and their families can sue a drunk driver for recoverable damages in a civil lawsuit.
Our lawyers have won significant settlements, verdicts, and judgments in drunk driving cases for more almost 30 years. You can trust us to help you get the justice and compensation after a drunk driving accident. Call us today toll free at 866-447-3563 for a free consultation to discuss your drunk driving accident rights.

Nationwide drunk driving causes more than 10,000 deaths every year, about 1/3 of all traffic-related deaths occur every 52 minutes NHTSA reports. Drinking and driving costs more than $44 billion in damages annually.

Injured by a Drunk Driver in Michigan?

Michigan State police have published a Michigan law drunk driving informational.  Michigan law states it is illegal to drive under the following circumstances:

  • Being intoxicated, or impaired, by alcohol, illegal drugs, and some prescribed medications.
  • If your blood alcohol content is 0.08 or more.
  • If blood alcohol content is 0.17 or more.
  • If you have any amount of cocaine or a Schedule 1 controlled substance in your system.
  • Illegal for drivers under age 21 to drive with a blood alcohol content of 0.02 or more, or with any presence of alcohol in your system except for that consumed at a generally recognized religious ceremony.

You will know if the driver involved in the crash with you was intoxicated if the investigating police officer either has blood drawn or administers a breathalyzer test at the scene of the crash to determine if the suspect driver was intoxicated. Otherwise, our lawyers will need to get the at fault driver’s medical records or medical examiners report to determine whether the driver was intoxicated.
Generally, if the suspected drunk driver is found to be unlawfully intoxicated, the police will make an arrest for OUI or OWI.


Under Michigan law drivers are required to report any accident involving a motor vehicle which causes greater than $1,000 in property damage, results in death or injury, or damages an unattended vehicle or other property.

In addition to law requiring a police report under certain circumstances, many auto insurance policies require a written report to be filed within twenty-four hours of an accident to get your insurance benefits.
In most traffic crashes, if you call the police, the police will come to the scene of the crash to perform an investigation and then prepare a formal written police report, called a UD-10.


Generally, you must have your own collision coverage in Michigan. However, Michigan law allows you to recover up to $3,000 in a mini-tort claim against the at fault driver responsible for the property damage to your vehicle.


Michigan is a no-fault insurance state. This means that certain benefit will be paid regardless of fault in an automobile accident, which is why every motor vehicle is required by law to be covered by a no-fault insurance policy.

In case of a motor vehicle accident, Michigan no-fault insurance provides valuable benefits to anyone injured in an auto accident. Your no-fault benefits, referred to as Personal Injury Protection (PIP) benefits can include payment of medical bills, wage loss, housekeeping services, attendant care services, medical transportation or mileage, home modification, and other important PIP benefits.

You may be entitled to PIP benefits even if you did not have your own no-fault auto insurance policy. In Michigan, if no auto insurance can be identified, the Michigan Assigned Claims Plan is required to pay vehicle passengers, pedestrians, and bicyclists PIP benefits. Under Michigan law, an injured drunk driver can also receive no-fault benefits unless the driver was driving a vehicle he owned without the required auto insurance coverage.


If you drive a car in violation of the drunk driving statute, the act of driving is negligence. Your drunk driving injury cases against drunk driver will state the basis for the claim in the lawsuit which may include an allegation of negligence, reckless driving, and violations of state laws. Generally, drunk driving is easy to prove if a BAC was measured by police investigation at the scene of the crash or shortly afterwards.


Alcohol research has established that alcohol affects the function of the brain. Alcohol is the substance that has the intoxicating component in wine, beer, spirits, and other drinks. Alcohol can impair thinking, judgment, reasoning, concentration, and muscle coordination. Operating a motor vehicle requires all of these abilities.

As alcohol levels rise in your body, the negative effects on the brain and central nervous system increases. When you drink alcohol, the substance is absorbed directly through the walls of the stomach and small intestine. Alcohol is absorbed by passing into the bloodstream, where it accumulates until liver metabolizes the alcohol. A drunk driver's blood alcohol level is measured by the concentration of the alcohol in a certain volume of blood. Blood Alcohol Concentration, or BAC is the name for the alcohol level measurement. If the BAC is .08 grams of alcohol per deciliter (g/dL) of blood, crash risk increases dramatically. Because of this risk, it’s illegal in Michigan, and all other states to drive a car with a BAC of .08 or higher. Commercial truck drivers have a lower BAC threshold for drunk driving.  

However, in most cases even a small amount of alcohol can affect the driver’s ability to drive a car. In 2019, there were 1,775 people killed in alcohol-related crashes where a driver had a BAC of .01 to .07 g/dL.

Police sometimes employ a breathalyzer to measure the BAC level when they stop a suspected drunk driver. The breathalyzer device used by police measure the amount of alcohol in a driver’s breath.


Drinking and driving is dangerous and reckless to you and others on the road. Your ability to drive can be affected even by a small amount of alcohol. According to the CDC, here are some typical effects of blood alcohol concentration levels:

  • Blood alcohol concentration of .02 can show some loss of judgment; relaxation, slight body warmth, altered mood.
  • Blood alcohol concentration of .05 can demonstrate exaggerated behavior, may have loss of small-muscle control (e.g., focusing your eyes), impaired judgment, usually good feeling, lowered alertness, release of inhibition
  • Blood alcohol concentration of .08, according to the CDC results in the muscle coordination becoming poor (e.g., balance, speech, vision, reaction time, and hearing), harder to detect danger; judgment, self-control, reasoning, and memory are impaired.
  • Blood alcohol concentration of .10, results in clear deterioration of reaction time and control, slurred speech, poor coordination, and slowed thinking
  • Blood alcohol concentration of .15, results in far less muscle control than normal, vomiting may occur (unless this level is reached slowly or a person has developed a tolerance for alcohol), major loss of balance


In Michigan, driving a vehicle while impaired alcohol or drugs is a dangerous crime. Michigan has adopted tough enforcement guidelines for drunk-driving laws that has had a major impact on reducing drunk-driving deaths since the 1980s. Drunk driving charges range from misdemeanors to felony offenses, and penalties for impaired driving can include driver’s license suspension, fines, and jail time. It’s also extremely expensive because your auto insurance premium will go up. In addition, being charged with a first-time drunk driving offense can cost the driver upwards of $10,000 in fines and legal fees.

After a drunk driving incident, the court may require drunk driving offenders to install ignition interlock devices at the driver’s own expense. An ignition interlock device is a breath test device placed in the vehicle and connected to a vehicle’s ignition, which will not allow the vehicle to start if alcohol is detected. The driver in the vehicle cannot start the car unless the driver blows into the interlock device and has a BAC below a pre-set low limit, usually about .02 g/dL. Most organization like mothers against drunk driving, and NHTSA are strong advocates for the expansion of ignition interlocks as a proven technology that keeps drunk or drugged drivers from getting behind the wheel.

Michigan Drunk Driving Accident Lawyers

If you or loved one were injured in a drunk driving accident, our law firm at The Joseph Dedvukaj Firm has a proven track record of winning for the people and victims of drunk driving car accidents in Michigan.

Call our experience law firm to speak to a drunk driving accident lawyer toll free at 866-447-3563 for a free consultation.

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No Fees Unless We Win
The Joseph Dedvukaj Firm, P.C represents Michigan clients in a full range of personal injury matters. If you have been injured, contact us for a free consultation.
The information on this website is for general information purposes only. Nothing on this site should be taken as advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute a client relationship.
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