New York DUI Victim Attorneys

Top Personal Injury Lawyers for Victims of DUI or Drugged Driving

Few things are more reckless than getting behind the wheel of a car while impaired by drugs or alcohol.

Impaired driving can be disastrous for innocent victims, not just the impaired driver. This is why it is so important for drunk or drugged NY drivers to be held accountable for their actions - not only by the criminal justice system, but also in civil court.

If you or a loved one has been harmed by a drunk or drugged driver, call Wingate, Russotti, Shapiro & Halperin, LLP at (212) 986-7353 to tell us what happened. Our top NY car accident lawyers will discuss your options, and if we can help you get justice, we will.

Legal Limits for DUI in New York

New York State has specific definitions for different forms of alcohol and drug impairment when it comes to driving. Many of these depend on the blood alcohol content (BAC) of a driver, as tested by a sobriety test:

  • Driving While Intoxicated: Driving a vehicle with a BAC of 0.08 or higher; or operating a commercial vehicle with a BAC of 0.04 or higher.
  • Aggravated Driving While Intoxicated: Operating a vehicle with a BAC of 0.18 or higher.
  • Driving While Ability Impaired by Alcohol: Driving a vehicle with a BAC higher than 0.05 but less than 0.07, for non-commercial drivers.
  • Driving While Ability Impaired by a Single Drug: When a driver is found to be under the influence of one kind of drug, illegal or legal, which impairs behavior.
  • Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol: As the name suggests, when a driver is under the effects of multiple drugs, or drugs and alcohol.
  • Chemical Test Refusal: A separate criminal charge, this occurs when a driver refuses to take a sobriety test, usually a breath, blood, or urine test.
  • Zero Tolerance Law: For drivers under the age of 21 years old, a BAC of 0.02 or higher.

While the driver who breaks these laws will usually face criminal charges, that does not automatically mean his or her victims will receive money to pay for their medical bills and other expenses. In order to do that, you must file a civil claim against the at-fault driver. However, if the at-fault driver is convicted of the drunk driving offense, this is strong proof for your civil claim.

What Compensation Can You Get After a DUI Crash?

In a lawsuit against an impaired driver, you may be able to get "punitive damages" in addition to "compensatory damages." Compensatory damages are the economic and non-economic costs you incurred because of the drunk driver; things like your medical bills, vehicle repairs, emotional distress, and pain and suffering. Punitive damages are money the jury awards to a victim to punish the driver for his or her behavior, if "the wrongdoer's actions amount to willful or wanton negligence."

Our top NY personal injury attorneys can and have made the case that driving under the influence of alcohol or drugs counts as willful or wanton negligence, and we have gotten successful results for numerous clients.

Hold Impaired Drivers in New York Accountable!

While criminal charges against people who drive under the influence are helpful, they do little to compensate the people injured by these drivers. If you have been in an accident with an intoxicated driver, call Wingate, Russotti, Shapiro & Halperin, LLP, at (212) 986-7353. We will examine your case and go to work to get you the compensation you deserve.

Additional Information

Car Accident Verdicts & Settlements

Contact Us: Free Consultation

If you or a loved one has been seriously injured, it is important to seek legal representation as soon as possible. Contact the New York personal injury attorneys at Wingate, Russotti, Shapiro & Halperin, LLP today for a FREE, no obligation consultation today:

The Graybar Building
420 Lexington Ave. Suite 2750 New York, NY 10170
Phone: (212) 986-7353 Fax: (212) 953-4308


New York Drunk Driving Accident Victim Attorney Disclaimer: The legal information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact a lawyer at our law firm offices located in New York. This web site is not intended to solicit clients for matters outside of the State of New York, although we have relationships with attorneys and law firms in states throughout the United States.

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