Aggravated drunk driving accidents are more than just DUI cases—they often involve excessive speeding, repeat offenses, extremely high blood alcohol levels, or crashes that result in serious injury or death. These are not minor mistakes behind the wheel. They’re reckless decisions that put innocent lives at risk—and in some cities, they’re happening far too often.
Our recent study, 75 U.S. Cities with the Highest Rate of Fatal Drunk Driving Accidents, reveals the true scope of the problem. Cities like Odessa, Texas and San Bernardino, California have seen shockingly high rates of fatal aggravated drunk driving crashes in recent years. For example, 23 out of the 31 fatal drunk driving accidents in Odessa, TX between 2018 and 2022 involved a driver with a blood alcohol content (BAC) level of at least 0.15%. In places like Corona and Dallas, the numbers are just as alarming, showing that aggravated DUIs aren’t rare—they’re disturbingly common.
If you or a loved one was seriously injured in one of these crashes, proving the other driver was intoxicated is one of the most important parts of your case. Insurance companies rarely hand over fair compensation without a fight. That’s why evidence like blood alcohol content test results, police reports, and witness statements are critical when pursuing a claim.
So what evidence matters most? And how do you use it to hold an aggravated drunk driver accountable in a city where these crashes are all too familiar? Let’s take a closer look.
What the Data Says About Aggravated Drunk Driving Accidents
Our study analyzes the top 75 cities in the United States that have the highest rate of drunk driving deaths per 100,000 people. For those involved in aggravated drunk driving accidents, it means the driver had a BAC of at least 0.15%. This is nearly double the national legal limit of 0.08%.
The following U.S. cities had the highest rate of fatal drunk driving accidents involving drivers who had a BAC of 0.15% or higher between 2018-2022:
- Odessa, TX—23 out of 31 fatal accidents
- San Bernardino, CA—26 out of 40 fatal accidents
- Dallas, TX—130 out of 181 fatal accidents
- Detroit, MI—59 out of 82 fatal accidents
- Jacksonville, FL—84 out of 126 fatal accidents
- Houston, TX—182 out of 258 fatal accidents
- San Antonio, TX—116 out of 147 fatal accidents
- Phoenix, AZ—100 out of 139 fatal accidents
- Nashville, TN—39 out of 51 fatal accidents
- Austin, TX—53 out of 69 fatal accidents
What these numbers highlight is that a large portion of drunk driving accidents involve aggravating factors, such as being heavily over the legal limit. These cities and those around the country also reporting high numbers, emphasize the critical need for enhanced measures to address and prevent high-BAC impaired driving.
Why Is Evidence So Important in Drunk Driving Cases Involving a BAC of 0.15% or Higher?
Drunk driving crashes aren’t just accidents—they are preventable tragedies. But just because you know the other driver was drunk doesn’t mean it will be easy to prove in court or to an insurance company. Strong evidence can:
- Show that the driver was intoxicated at the time of the crash.
- Prove that their impairment caused the accident and your injuries.
- Help you recover compensation for medical bills, lost wages, and pain.
In cities where aggravated drunk driving is a big problem, courts and insurance companies may see these cases often—but that doesn’t mean they are automatically on your side. The stronger your evidence, the better your chances of getting the justice and compensation you need.
Important Evidence to Prove in Your High BAC Drunk Driving Case
If you’re involved in a drunk driving crash with aggravating factors, gathering evidence should start as soon as possible. Here’s what can make the biggest difference:
1. Police Reports and DUI Test Results
When the police arrive at the crash scene, they will investigate and create a report. This document can be one of the most powerful pieces of evidence in your case.
Why it matters:
- It includes details about the crash, including what the officer saw and whether they suspected that the other driver was drunk.
- If the driver was given a breathalyzer or blood test, the results will be recorded, showing their exact blood alcohol content (BAC).
- It may include witness statements, traffic violations, or even an arrest record if the driver was charged with DUI.
If you’re able to, ask for a copy of the police report as soon as it becomes available.
2. Photos and Videos from the Scene
A picture is worth a thousand words—and in a drunk driving case, it can be the proof that makes your claim stronger. If you’re able to, take photos and videos of:
- The crash scene, including vehicle damage and skid marks.
- The other driver, especially if they appear drunk (slurred speech, unsteady on their feet, etc.).
- Any open alcohol containers inside the other driver’s car.
- Your injuries as soon as possible after the crash.
If there are any security cameras or dash cams nearby, they may have recorded the accident or the driver’s behavior beforehand. These can be incredibly valuable in proving fault.
3. Witness Statements
People who saw the crash happen can be powerful allies in your case. If bystanders, other drivers, or passengers noticed that the other driver was speeding, swerving, running red lights, or stumbling after the crash, their testimony can support your claim.
How to get witness statements:
- If someone stops to help, ask for their contact information.
- The police may include witness accounts in their report.
- Your lawyer can track down witnesses and get official statements if needed.
4. Medical Records and Bills
Even if your injuries seem minor at first, getting medical attention right away is crucial. Your medical records will prove that the crash caused your injuries and show how serious they are.
Why medical records matter:
- They connect your injuries directly to the accident.
- They show the treatment you’ve needed and what you might need in the future.
- They provide proof of medical expenses, which can be used to claim compensation.
Be sure to keep copies of all medical bills, prescriptions, and doctor’s notes related to the crash.
5. Proof of Lost Wages and Financial Impact
Drunk driving crashes don’t just hurt your body—they can hurt your ability to work and provide for yourself. If you’ve had to miss work because of your injuries, keep records of your lost income.
Helpful evidence includes:
- Pay stubs showing how much you were earning before the crash.
- A letter from your employer confirming the time you missed.
- Medical documentation that proves you were unable to work.
If your injuries are serious enough to affect your ability to work in the future, this can also be factored into your claim.
What If the Drunk Driver Tries to Deny Fault?
Even when a driver is clearly drunk, they (or their insurance company) might still try to argue that they weren’t responsible for the crash. They could claim:
- You were partially at fault. (Read our guide on this to learn more: Understanding Comparative Negligence Laws in Pennsylvania: How It Affects Your Auto Accident Claim)
- The accident was not caused by their intoxication.
- Their BAC test was flawed or inaccurate.
This is why having solid evidence is so important. A strong case can shut down these arguments and make sure the driver is held accountable.
How a Lawyer Can Help You Build a Strong Case Against a Driver With a BAC of 0.15% or Higher
Going up against a drunk driver’s insurance company can be overwhelming, especially when you’re trying to recover from your injuries. A personal injury lawyer can:
- Gather and review evidence to prove the driver was drunk.
- Work with accident reconstruction experts to show how the crash happened.
- Handle communication with insurance companies so they don’t take advantage of you.
- Fight for full compensation, including medical expenses, lost wages, and pain and suffering.
The sooner you get legal help, the better your chances of building a strong case.
Were You Injured in a Drunk Driving Crash in Pennsylvania? Let van der Veen, Hartshorn, Levin & Lindheim Help You Collect Evidence
Collecting the right evidence is essential if you have been injured by a drunk driver with a BAC of 0.15% or higher. The right evidence can mean the difference between getting the compensation you need or struggling to recover on your own.
An experienced personal injury attorney from van der Veen, Hartshorn, Levin & Lindheim can help you gather the proof you need and fight for the justice you deserve. Contact us today at 215-486-0123 for a free consultation.