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Yes. Being intoxicated does not automatically make you At Fault. However if both drivers are found to be equally 50% at fault then there will be no additional blame to assign. A possible scenario where this would happen is both driver is equally left of center the cars collide head on resulting in the death of each driver. However if Driver A was legally in the correct lane and Driver B came left of center and caused the accident, then the Estate of Driver A does have grounds to recover damages from the Estate of Driver B.

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