When a DUI accident happens, the driver who was under the influence can be held legally and financially responsible for the injuries and damages they caused. But it’s not automatic. Victims have the burden of proving several key elements: that the driver was impaired at the time of the accident, that their impairment caused the collision, and that the collision led to the injuries and losses being claimed.
In New Hampshire, this typically means filing a personal injury claim or lawsuit against the intoxicated driver. The driver may also face criminal charges, but that’s separate from your civil case. Your focus is on compensation for medical bills, lost income, long-term rehabilitation, emotional distress, pain and suffering, and more.
If you or someone you love has been a victim in a DUI accident in New Hampshire, it’s not enough to simply know you were in the right. You need to prove it, clearly, convincingly, and with the right legal support.
In the Granite State, DUI laws are strictly enforced. But when you’re the one seeking compensation for injuries, trauma, and loss, what matters most is the evidence you bring to the table. In most cases, you can only find hard enough evidence when you have the best DUI attorneys in New Hampshire by your side.
Here’s a breakdown of the important evidence needed in a DUI accident case.
Police Report
The police report is the foundational piece of evidence in almost every DUI accident case. In New Hampshire, officers responding to the scene will complete an official report that often includes key details: who was involved, what the officer observed, whether anyone appeared intoxicated, whether field sobriety tests were conducted, and whether citations or arrests were made.
This report can offer an objective snapshot of the accident from a trained observer. If the officer noted slurred speech, bloodshot eyes, or the smell of alcohol, that becomes part of your case file. If a citation was issued for DUI, that adds weight to your claim.
Breathalyzer or Blood Test Results
To prove that the driver was under the influence, nothing is more direct than chemical testing results. In New Hampshire, a blood alcohol concentration (BAC) of 0.08% or higher is legally considered intoxicated. If a breathalyzer or blood test was administered after the accident, those results can serve as clear scientific proof of impairment.
Even if the BAC is below 0.08%, the test results can still support a claim, especially if the driver was under the influence of drugs or prescription medications, or had alcohol in their system that affected their judgment.
Witness Statements
Unlike reports or test results, witnesses can describe behavior. They can talk about how the at-fault driver was swerving, speeding, running lights, or acting erratically. They may have heard slurred speech or seen the driver stumble out of the car. They might even be able to testify about events before or after the crash that support your side of the story.
Accident Scene Photos and Videos
Photos and videos taken immediately after the accident can help reconstruct what actually happened. Images of damaged vehicles, skid marks, road conditions, and traffic signs can tell a story that words often can’t. In cases where there’s a dispute about how the crash occurred, these visuals can offer clarity.
Surveillance or Traffic Camera Footage
If the crash happened in a commercial area, near a business, or at an intersection, there may be surveillance or traffic camera footage that captured the moments before or during the accident. This kind of evidence is incredibly valuable because it offers an unbiased, real-time account.
You or your attorney will need to act quickly to request this footage, as many systems only store video for a limited time. If obtained early, this footage can confirm that the driver ran a red light, was speeding, veered across lanes, or failed to brake, all signs of impairment. In some cases, you might even catch the driver exiting a bar visibly intoxicated moments before getting into their car.
The Driver’s History
In New Hampshire, if the other driver has a known history of DUI offenses, that information could be admissible in your civil case, particularly if it helps establish a pattern of negligent behavior. Prior convictions won’t automatically make your case, but they can tip the scale when combined with other strong evidence.
This can show that the driver was aware of the risks and still chose to drive under the influence, which may strengthen your argument for punitive damages or higher compensation.
An experienced attorney can help determine how and when to use this information without violating evidence rules.
