Visitor Question

Attacked While Intoxicated…

Submitted By: Andrew (Ellensburg, Washington)

I was assaulted by someone and ended up with a broken nose, 13 stitches, and three fractured teeth. We were both drunk and I had a BAC (Blood Alcohol Content) of 0.19%.

If I reveal my BAC in court will it weigh heavily against me? Is there anything else you think I could to to strengthen my case? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Andrew,

In the State of Washington the BAC (Blood Alcohol Content) legal limit is .08%. You were almost 2 1/2 times over the limit. You can be assured any testimony you might offer will entirely lack credibility.

To prevail in a civil action you will have to rely on external, disassociated and independent testimony and documentary evidence. That testimony and evidence can come in the form of witness testimony, photographs, cell phone video recordings or any other independent evidence. It can also come in the form of independent medical records from the hospital.

If you testify you won’t have any say in whether you reveal your blood alcohol content. Instead you will be terrorized on cross-examination. If you can’t produce evidence other than your own, you should give very serious consideration to exposing yourself in court.

Even with the best of independent evidence it will be extremely difficult to prove you weren’t a contributory factor in the assault.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: February 15, 2012

How Much is Your Injury Claim Worth?

Find out now with a FREE case review from an attorney…

  • Your Accident
  • Your Claim
  • Contact Info
  • Your Evaluation
array(1) {
  [0]=>
  object(WP_Term)#2437 (11) {
    ["term_id"]=>
    int(628)
    ["name"]=>
    string(68) "Felony Assault & Battery: Legal Recourse and Injury Compensation"
    ["slug"]=>
    string(11) "page_id_202"
    ["term_group"]=>
    int(0)
    ["term_taxonomy_id"]=>
    int(628)
    ["taxonomy"]=>
    string(12) "icc_qa_group"
    ["description"]=>
    string(0) ""
    ["parent"]=>
    int(0)
    ["count"]=>
    int(44)
    ["filter"]=>
    string(3) "raw"
    ["term_order"]=>
    string(3) "245"
  }
}

Leave a Reply

Your email address will not be published. Required fields are marked *