Go to navigation Go to content
Toll-Free: 800.310.5520
Phone: 718.701.2776
The Law Offices of Frank J. Dito, Jr.

Types of Car Accidents - Part 1: Drunk Driving Accident in New York

Frank J. Dito, Jr.
Car accident, personal injury and workers’ compensation attorney serving Staten Island and Brooklyn New York.

New York injury lawyer Car accidents caused by drunk driving are commonly known as Driving while intoxicated (DWI), driving under the influence (DUI) or operating while intoxicated (OWI). 

Accidents involving someone who has been drinking and driving usually result in the lack of judgment that the alcohol creates in someone's system when they are drunk.  With accidents that result because of lack of judgment due to impairment of alcohol it is usually easier to prove negligence and carelessness than in many other types of car accident cases because the person who caused the accident was negligent by drinking and driving - something that is not only risky to the drunk driver and the people who they come in contact with but is also against the law and considered a criminal act. 

New York State is very strict on their laws pertaining to drinking and driving especially for those who are drinking and driving and are under the age of 21 years old.  New York abides by a "no tolerance law" for those who drink and drive under the age of 21 years old which is the legal age to drink in New York state.  If you a person is under the age of 21 and is pulled over by the police or if they are involved in a car accident and it is determined that they are driving under the influence their license will be revoked for one year.  If that person commits the offense a second time while they are under 21 years old their license will be revoked for at least one year or until they turn 21 years old depending on which one is longer.  If they enroll in the Drunk Driver Program (DDP) they will be given back their license but only conditionally and it will remain in the conditional license status until the period of either one year or until the person turns 21 years old is up (whichever is longer).

The New York State drinking and driving laws for those over the age of 21 are strict also.  In New York the legal alcohol limit is determined by a persons blood alcohol content (BAC) which is not allowed to be over 0.08 at any point and time while driving.  It is encouraged that drivers not drink and drive at all but if a drivers BAC exceeds 0.08 they will be determined to be driving under the influence and will suffer consequences such as fines, suspension of drivers license and possible jail time. 

If you are injured by a person who is driving drunk and causes a car accident the drunk driver is usually held liable because they are driving drunk which is considered to be negligence on their part because they are acting irresponsibly and putting other people in danger by driving while under the influence.  Liability in drunk driving cases is usually one of the easier negligence injury cases to prove because the person purposely consumed alcohol and drove their car while drunk which resulted in your accident and injuries to you and to any passengers you may have had in your car at the time.  The drunk driver will also be responsible if there was a driver or any passengers in the vehicle who were pregnant and their child now suffers injuries because of the accident or if the person lost their unborn baby because of the drunk driver. 

If you or loved ones suffered injuries or died because of a drunk driver who did not care about their negligent behavior and instead decided to drink and drive and ended up causing an accident you should consider contacting a New York injury lawyer who can handle your case that resulted in injuries or death because of a driver who was drinking and driving.  Drinking and driving is a very serious offense and while New York State laws help to bring justice in to the criminal aspect of the situation it does not allow justice to be brought to the injury compensation aspect of the situation without you suing the negligent driver.  You can start a lawsuit against the drunk driver that caused you injuries by calling Frank J. Dito Jr. Staten Island injury attorney at 800-310-5520 or by filling out our contact form.  We take your injuries very serious and have been assisting clients for years in motor vehicle accidents similar to your own. 

Types of Accidents
Part 1: Drunk Driving Accidents in New York
Part 2: Drowsy Driving Accidents in New York
Part 3: Rear-End Collision Accidents in New York
Part 4: Side Impact Crash / T-bone Accident in New York
Part 5: Speeding Accident in New York
Part 6: Head-on Collision in New York
Part 7: Improper Lane Change Accident in New York
Part 8: Distracted Driving Accident in New York