Drunk Driving Accident Lawyers
At Harding Mazzotti, LLP, we understand the physical and emotional pain that a drunk driving accident may cause for innocent people. Our drunk driving accident lawyers have extensive experience navigating the legal process in order to obtain financial compensation for injury victims. Contact us today at 1-800-LAW-1010 to schedule a free consultation.
What Is Considered Drunk Driving In New York?
Driving with a blood alcohol percentage (BAC) of more than .08% is considered driving while intoxicated in New York. This is also the case in most other states. A BAC of .04% is considered driving while intoxicated for commercial drivers. Finally, in New York, driving with a BAC of more than .18% is termed aggravated driving while intoxicated.
How Is BAC Determined?
A police officer may administer a blood alcohol content (BAC) test or a breathalyzer test to assess if someone is legally drunk while driving. BAC tests assess the alcohol mass per one unit of blood or per one unit of body mass. However, estimating the number of beverages drank is not always an effective technique for determining BAC. This is due to variables such as gender, metabolism, and body fat to body weight ratio.
If you are hit by a drunk driver, the police officer who arrives at the scene will most likely give a breathalyzer test to the motorist that hit you. If the driver was intoxicated while driving, this can be used to support a claim that the driver was negligent. Depending on the circumstances, that driver may also potentially be liable liable for punitive damages.
Drunk Driving Penalties in New York
The penalties for drunk driving in New York state are greatly influenced by two factors. These are: The type of DWI offense and the number of times the violation is committed. An intoxicated driver can generally expect fines, jail time, loss of driving privileges, or all of the above. Below are a few of the penalties one may receive for a DWI offense.
- First DWI Offense: Offenders may face a $500 to $1,000 fine and up to a year in jail. Offenders may also have their driver’s license revoked for at least 6 months.
- Second DWI Offense Within 10 Years: Offenders may face a $1,000 to $5,000 fine and up to 4 years behind bars. Offenders may also have their license revoked for at least 1 year.
- Third DWI Offense Within 10 Years: Offenders may face a $2,000 to $10,000 fine and up to seven years in jail. Offenders could also have their driver’s license permanently suspended.
Dram Shop Laws
In New York State, if the owner of a bar or restaurant provides alcohol to a clearly intoxicated person who then injures another person in an automobile accident, the owner of the business can be held liable for the accident victim’s injuries. This is referred to as dram shop liability. Dram shop laws are shown in New York General Obligations Law Section 1100 and Section 1101, and in Alcohol Beverage Control Law 65. Harding Mazzotti, LLP’s attorneys are well-versed in dram shop laws and know how to pinpoint all responsible parties in drunk driving accident cases.
Types of Drunk Driving Accidents
Head-on collisions caused by drunk drivers driving the wrong way are among the most serious types of accidents. They frequently result in severe injuries and fatalities. Drunk drivers can also cause car accidents by driving recklessly on highways or interstates and changing lanes without looking behind them.
Drunk Driving Statistics
Here are some alarming statistics on drunk driving from the National Highway Traffic Safety Administration.
- About one-third of car crash fatalities in the U.S. involve drunk drivers.
- Each day, about 37 people in the United States die in drunk driving crashes — that is equivalent to one person every 39 minutes.
- In 2021, 13,384 people died in alcohol-impaired driving traffic crashes.
- Almost double the number of alcohol-related and fatal car crashes happen during the weekend.
- In 2019, 24% of young drivers ages 15 to 20 who died in car crashes had BAC levels of .01 or higher.
All of these fatalities were preventable.
Civil vs. Criminal Cases
Drunk drivers may face civil penalties in addition to criminal penalties for DWI. In other words, the crash victim can sue drunk drivers in civil court to recover compensation for their losses.
An experienced personal injury attorney will have a thorough understanding of personal injury law and the legal process and will fight for justice on your behalf, pursuing every avenue of compensation.
Contact a Drunk Driving Accident Lawyer Today
If you or anyone you know has been injured in an accident involving a drunk driver, or an automobile accident of any kind, the attorneys at Harding Mazzotti, LLP have a wealth of experience in dealing with insurance companies and in protecting your right to receive the compensation you’re entitled to. Our attorneys handle all types of motor vehicle accidents, including those involving automobiles, motorcycles and all types of truck accidents. Call our experienced legal professionals today for a free consultation at 1-800-LAW-1010. We’re here for you 24 hours a day, 7 days a week.