The influence that injury and hospitalization from alcohol-related mot
or vehicle crashes may have on subsequent prosecution for drunk drivin
g was studied utilizing concurrent controls consisting of three cohort
s of drivers. The cohorts were drunk and injured drivers, drunk and no
t injured drivers, and sober and injured drivers. Even though the majo
rity of intoxicated drivers were identified by police as having been d
rinking, evidentiary testing was not uniform. Culpability for the cras
h was high in the drunk cohorts compared with the sober drivers, and y
et there was a statistically significant difference in the conviction
rate of injured drunk drivers (59%) compared with uninjured drunk driv
ers (100%). Injury and hospitalization for drunk drivers after motor v
ehicle crashes affords protection from prosecution, and may enable ong
oing risk-taking behavior by the drunk driver.