New York has the No-Fault system in place. This means that an individual’s insurance provider typically covers for any damages incurred during an accident. For drunk drivers, however, additional charges and liabilities await based on the damage/injuries they’ve caused.
Drunk driving is very dangerous and definitely illegal. In the U.S., one person dies from drunk-driving crashes every 39 minutes; or 37 people every day. A total of 13,384 deaths were reported in 2021 alone.
Consequences of Drunk Driving
You should never drive with impaired senses. Pedestrians and drivers (especially) must act responsibly to ensure everyone’s safety. While drunk drivers are generally at fault, they are not always** solely at fault. Still, we plead that you never drink and drive.
** considering 3rd Party Liability Laws, Comparative Negligence, and Unideal Road Conditions
Individuals who sustain any serious injuries after being hit by a drunk driver may be awarded legal compensation. These are provided so that the victim may bounce back from any trauma – whether physical, emotional, or financial. According to the New York Insurance Law Section Section 5102, damages that may require compensation include:
- Medical Expenses
- Psychiatric/Emotional Rehabilitation
- Lost Wages
- Property Damage
- Pain and Suffering (reduced quality of living)
- Loss of consortium
More severe punishments are awarded to repeat offenders and to those who are significantly above the alcohol limit. While not all accidents result in serious injuries, every incidence of drunk driving is penalized in New York.
Victim of a Drunk-Driving Accident?
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Potential for Criminal Charges
There are cases wherein a drunk driver can be criminally pursued. Aggravated DUI (driving way above the legal limit); Driving with DUI citations; Causing death or life-altering injuries; and Child-endangerment are some common examples. Apart from economic liabilities from causing damages, drunk drivers also face potential jail time.
Increase in Insurance Policy (or Non-renewal)
Such incidents are also penalized by insurance providers. In New York, drivers with DUI citations experience an average increase of 80% in their insurance premiums. While DUI convictions are in your driving record for at least 15 years after conviction**, your insurance premiums should return to normal once you win your provider’s trust back.
**as per New York State Vehicle and Traffic Law Section 1193(2)(b)(12)
Fines, Penalties, and Points of DUI in New York
The New York Department of Motor Vehicles (NYDMV) considers each driver’s alcohol intake, food intake, duration of drinking, body weight, and gender when providing sanctions. Here are some specific sanctionable offenses provided by the NYDMV:
| Offense | Fine | Jail Term | License Action |
| Aggravated Driving While Intoxicated (AGG DWI) | $1,000 - $2,500 | Up to 1 year | Revoked for at least one year |
| Driving While Intoxicated (DWI) // Driving While Impaired by a Drug (DWAI-Drug) | $500 - $1,000 | Up to 1 year | Revoked for at least six months |
| Driving While Ability Impaired by Alcohol (DWAI) | $300 - $500 | Up to 15 days | Suspended for 90 days |
| Zero Tolerance Law (for drivers under 21) | $125 civil penalty and $100 fee to terminate suspension | N/A | Suspended for six months |
| Chemical Test Refusal | $500 civil penalty ($550 for commercial drivers) | N/A | Revoked for at least one year, 18 months for commercial drivers |
Talk to a Personal Injury Lawyer If You Were Injured by an Intoxicated Driver
At the Porter Law Group, we do our best to make sure that injured individuals are rightfully compensated. We take pride in helping families recuperate from tragic accidents. Operating on a contingency basis, clients don’t have to pay anything unless we win.
For any cases involving death or serious injuries due to someone's negligence being drunk and causing a car accident, please reach out to us for a no-obligation, free consultation. You may also contact us at 833-PORTER9 or info@porterlawteam.com to schedule an appointment.
