Drunk driving is illegal under state statutes, which federal policies help to reinforce. Between driver’s education requirements and public awareness campaigns, awareness of that fact is all but universal. Most people know that they can’t drive after drinking, but not everyone recognizes when they shouldn’t get behind the wheel. Quite a few drunk drivers who cause crashes and then fail breath tests express surprise at the results of those tests.
How might people who consume alcohol fail to notice that they have ingested enough to become legally intoxicated?
Alcohol affects judgment
One of the reasons that drunk driving is so dangerous is that an intoxicating amount of alcohol is enough to impair a driver’s judgment. They might swerve into oncoming traffic instead of stomping on their brakes when a small animal wanders into the street.
That same cognitive deficit can make it very difficult for drivers to recognize when they should not be behind the wheel. Determining impairment levels can become even more difficult when drinking in a social environment.
Interactions with others who appear sober and who do not remark on an individual’s intoxication can give people a false sense of confidence. They assume that if everyone else is okay to drive, then they should be sober enough to drive as well.
Regardless of why a driver has underestimated their impairment and overestimated their capabilities, they are likely liable for the harm their mistakes have caused others. Holding drunk drivers accountable can be a complicated process involving insurance negotiations or even a lawsuit, but those affected by drunk driving collisions do have rights under the law.

