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Drinking and Driving Accidents in NY


Although it seems by now that everyone is aware of the dangers of drinking and driving, this problem still causes more than 20 percent of all highway deaths in New York. Driving while under the influence not only results in stiff penalties for the driver but any driver on the road is at risk of severe injuries and death. At Greenstein & Milbauer, we take these cases seriously. If you have been in a car accident in New York because of a drunk driver, we can help you seek compensation for your injuries.

New York Alcohol and Drug-Related Violations

In New York, driving under the influence of either alcohol or drugs is a matter never taken lightly. Besides dealing with the aftermath of a car accident, penalties include loss of driving privileges, fines, and even jail. Types of violations may include but are not limited to any of the following:

  • Driving While Intoxicated (DWI)
  • Driving While Ability Impaired by Alcohol (DWAI/Alcohol)
  • Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol (DWAI/Combination)
  • Chemical Test Refusal

Furthermore, in New York, there is a Zero Tolerance Law, which states that drivers younger than 21 years of age, who drive with Blood Alcohol Content (BAC) of .02 to .07, are breaking Zero Tolerance Law. Because drinking and driving is often considered a crime, you may find yourself facing several roadblocks when you seek compensation for vehicle damage and injuries. It is crucial you have an attorney whose experience includes New York’s laws regarding drinking and driving, assisting you through the process.

Signs of Drinking and Driving Before an Accident

Although sometimes drunk drivers might recklessly swerve in and out of traffic, the signs someone is intoxicated while behind the wheel aren’t always as apparent. It’s important you know how to spot the signs of a driver who has been drinking both before an accident and after. Signs you may not pay much attention to include driving extra slow, nearly running into objects, curbs, or vehicles, and signaling that is inconsistent with driving actions such as using the left turn signal repeatedly but never turning left. It’s important after an accident that you try to recollect any signs you may have noticed on the road and notify the authorities and your attorney of these actions.

What to Look For After the Accident

Drivers who are drunk and cause an accident may likely exhibit the typical signs such as slurring of speech and erratic behavior. Once you have notified the proper authorities, they will perform several tests to determine the driver’s level of intoxication. It’s important you pay attention after a car accident and note the driver’s behavior once the police perform the required tests. You should not, however, attempt to figure out yourself, make any determinations about the driver, or confront the driver on your own.

If you or a family member has been in a car accident due to a driver who was under the influence, Greenstein & Milbauer, LLP can help. You need a qualified lawyer with particular experience in car accidents caused by drinking and driving in New York.

Contact us online or call 1-800-VICTIM2 (1-800-842-8462) for a free consultation.

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