In most states it is assumed that the driver with the last opportunity to avoid a collision is At Fault. It is further assumed in most states that the impaired driver, since he was not able to respond properly to the conditions, is at fault by the fact that he/she should not have been on the road in the first place. Never drink or use drugs and drive while under the influence of those substances. Research has indicated that the first drink, just one beer or mixed drink, starts to slow your reaction time, diminish your ability to process multiple events that are happening and impairs your judgment. While that first drink (for most people) does not seem to be enough to make people unsafe drivers, at .08% BAC EVERYONE is significantly impaired. Whether it was the inability to make good decisions while impaired, the slowed reaction time or the inability to process multiple events while driving, the fault is properly on the impaired driver IN ALL CASES! Bottom line is that this question should never have been asked. If you're driving around drunk, and you get into an accident, regardless of why, you're liable due to the fact that you shouldn't be driving around at all, therefore, if you were not driving around, the accident would not have occured.
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