Yes. The police on the scene of your accident likely asked the driver to take a breathalyzer test to record his or her BAC on the spot. If the driver was transported to the hospital, it is likely his or her blood was taken there to determine the driver’s BAC. This evidence of the truck driver’s intoxication can be used in your lawsuit. Remember, too, the FMCSA considers holding a CDL as “implied consent” to submit to testing for intoxication.