When a drunk driving accident occurs, the intoxicated driver can face several serious legal issues.
A drunk driver can be criminally prosecuted for violation of the New York Department of Motor Vehicles traffic laws.
Further, if the drunk driver caused an accident or bodily injury, he can be sued in civil court by the individual harmed.
Criminal Prosecution
If a driver is charged with Driving While Intoxicated (DWI), he may be found guilty if his blood alcohol level is shown to have exceeded 00.08% at the time of operating the motor vehicle.
If the police did not properly perform a breathalyzer test, the driver may defend himself by arguing the government lacks sufficient evidence of guilt.
Blood alcohol testing under windy conditions, or in the vicinity of chemicals or vapors such as cigarette smoke, can cause the test to malfunction. Further, the testing unit must be properly charged, but should not be plugged into the charger during testing.
A field sobriety test, involving a driver walking in a straight line and touching his hands to his nose, is subject to being misinterpreted by a law enforcement officer and is weaker evidence than a properly conducted breathalyzer exam.
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Civil Liability
If you have been injured in a drunk driving accident, you have a right to sue the person responsible, regardless of any criminal enforcement measures taken by the prosecutor’s office.
If an intoxicated driver caused an accident, the injured party can be awarded compensation without having to prove the driver’s blood alcohol level at all. This is because acts of negligence, such as running a red light, render a driver “at fault” even if he is completely sober.
On the flip side, if a sober driver collides with a drunk driver, the sober driver can be held responsible if he violated the law. For example, if the sober driver rear ended the drunk driver, then the sober can be held responsible for the accident.
Drunk Driving Accident Lawyers
Victims of drunk driving accidents should take prompt action to investigate the circumstances of the crash. By moving quickly to interview witnesses and review the vehicle and driver history, significant value can be added to your case. For example, if video footage or bar tab receipts can be obtained from a local restaurant, that business may be held responsible for serving alcoholic beverages to an intoxicated person.
Our drunk driving accident lawyers file civil lawsuits for people hurt in a serious motor vehicle accident in Manhattan, Brooklyn, Bronx, Queens & beyond. Call us today for a free drunk driving accident consultation.