A Breathalyzer test doesn’t constitute the only method of determining someone’s level of intoxication. Other options include: The police may ask the person to perform a field sobriety test. Evidence at the scene of the accident may indicate a driver’s intoxication, such as open bottles of alcohol, drugs, or drug paraphernalia. The police or EMTs can notice if someone smells like alcohol, has slurred speech, has bloodshot eyes, or shows other signs of impairment. Urine and blood tests can detect the presence of alcohol and other substances. If you sustained injuries in an accident with a drunk driver, you should contact an attorney right away. Law enforcement has a responsibility to conduct a criminal investigation. However, you must pursue a personal injury case on your own. Most evidence fades over time, so the sooner you contact an attorney, the better.