How to Get Evidence of Negligence in Boca Raton if the Driver Refused a Breath Test

In January of 2026, The Boca Raton Tribune reported that a Florida Atlantic University student had refused a breath test. As a result, he was taken into custody by the local police. DUI test refusals are relatively common, and many drivers believe that refusing a test makes more sense than giving the authorities important evidence. But what if you were injured by a drunk driver who subsequently refused a breath test? How do you collect the evidence you need to prove negligence after your Boca Raton car accident?

You Don’t Necessarily Need to Prove That They Were Drunk 

If you want to recover compensation after a car accident, you do not necessarily need to prove that the at-fault driver was drunk. The only real requirement is to prove that they caused the accident. For example, a drunk driver might have swerved into your lane before sending you careening into a concrete barrier. In this situation, the mere fact that they failed to stay in their lane would be enough to establish negligence.

The situation might be a little more complex if their level of fault is less clear. For example, both drivers might claim that they had the right of way when approaching an intersection. In this case, proving that the other driver was drunk might tip the scales in your favor.

The Burden of Proof Is Lower in Civil Cases

In a criminal case, prosecutors must establish a defendant’s guilt “beyond a reasonable doubt.” This is a high “burden of proof,” and it means that securing a DUI conviction is often quite difficult. Aside from a DUI test refusal, other factors, like the lack of a “wheel witness,” may allow a drunk driver to walk free.

The good news is that the burden of proof in a civil lawsuit is much lower. In this situation, you only need to show a “preponderance of evidence” to establish liability. In other words, you must prove a likelihood of more than 50% that the other driver caused your injuries through some kind of misconduct (such as being intoxicated).

A Breath Test Isn’t the Only Thing That Can Prove Intoxication 

A preliminary breath test (PBT) is only one tool available to the authorities when gathering evidence of intoxication. Officers may employ other chemical tests, such as blood tests. They may also check financial records to determine whether a defendant visited a bar or liquor store before the crash. Field sobriety tests could be useful as well.

Can a Boca Raton Auto Accident Lawyer Help Me? 

If you’re struggling to find compelling evidence of negligence because a drunk driver refused a breath test, consider speaking with an experienced Drunk driving attorney in Boca Raton. These legal professionals can help you assess the situation in more detail and search for alternative sources of evidence. Remember, you do not necessarily need to prove that the other driver was drunk in order to recover compensation. Continue this conversation by contacting Steinberg Law today.

Source: 

bocaratontribune.com/bocaratonnews/2026/01/fau-student-arrested-for-dui-after-refusing-breath-test-in-boca-raton/