Drunk Driving Laws & New York Car Accidents
Most people understand the risks that driving under the influence of alcohol or drugs poses to everyone else on the road. Drunk or drugged driving impairs the ability of a driver to react to their surroundings, often resulting in an accident. Like other states, New York imposes penalties on people who get behind the wheel while under the influence. New York Vehicle and Traffic Law Section 1192 describes two main types of drunk or drugged driving offenses. One type is called driving while ability impaired (DWAI), which may involve being impaired by alcohol, drugs, or a combination of alcohol and drugs. The other type is called driving while intoxicated (DWI), which is based on alcohol consumption. Either type of violation may support liability to a victim of a resulting crash.
DWAI Violations in New York
Section 1192 defines DWAI as operating a motor vehicle while the driver’s ability to operate the vehicle is impaired by the consumption of alcohol, the use of a drug, or the combined influence of multiple drugs or of alcohol and a drug. According to the New York State Department of Motor Vehicles, a driver may face a DWAI charge related to alcohol consumption if they have a blood alcohol content (BAC) between .05 and .07, which is somewhat less than the threshold for a per se DWI. However, an alcohol DWAI charge may be based on non-BAC evidence of impairment as well.
A DWAI based on alcohol may lead to a fine between $300 and $500, as well as up to 15 days in jail and a 90-day license suspension. A second violation in a five-year period, or a third or subsequent violation in a 10-year period, may lead to harsher penalties. In contrast, a DWAI based on drugs or a combination of alcohol and drugs may lead to a fine between $500 and $1,000, as well as up to a year in jail and a license revocation lasting at least six months. Repeat violations in a 10-year period are charged as felonies and may lead to thousands of dollars in fines, as well as years in prison. A repeat offender will have their license revoked for at least a year.
DWI Violations in New York
The New York DWI statute generally prohibits anyone from driving while they are in an intoxicated condition. More specifically, it outlines a “per se” version of DWI that prohibits anyone from operating a vehicle while their BAC is .08 or greater, as shown by a chemical test of their blood, breath, urine, or saliva. Per se DWI means that a driver above the BAC threshold is automatically considered to be intoxicated. A driver who does not have a BAC above the threshold still may be charged with DWI if law enforcement can produce other evidence showing that they were intoxicated.
Section 1192 also defines two forms of aggravated DWI. First, a driver may face a per se aggravated DWI charge if their BAC is .18 or greater. They also may face this serious charge if a child who was 15 or younger was a passenger in their vehicle while their BAC was .08 or greater, they were in an intoxicated condition, or their ability to operate the vehicle was impaired by drugs or a combination of alcohol and drugs.
A first-time DWI may lead to a fine of $500 to $1,000, as well as up to one year in jail and a license revocation lasting at least six months. Repeat DWI offenses within the 10-year lookback period are charged as felonies. A first-time aggravated DWI based on a BAC of .18 or greater may lead to a fine of $1,000 to $2,500 and up to one year in jail, as well as a license revocation lasting for at least a year. A first-time aggravated DWI based on a child in the vehicle is a felony.
Using a DWI or DWAI Violation to Prove Liability for a Car Accident
A driver who causes an accident due to drunk or drugged driving may face not only criminal and administrative penalties but also liability in a civil lawsuit. Someone who was injured in the crash can point to the violation of the Vehicle and Traffic Law as “negligence per se.” This doctrine streamlines the process of proving liability in a negligence claim.
The theory of negligence usually involves proving that the defendant had a duty of care, they breached the duty of care, and this caused the victim’s injuries and damages. When negligence per se applies, this substitutes for the elements of duty and breach. Thus, a victim only has the task of proving causation, in addition to documenting their damages.
How a DWI or DWAI Violation May Affect Damages
The main type of damages in a car accident case is called compensatory damages. These may cover both economic and non-economic forms of harm, ranging from medical bills and lost income to pain and suffering. Compensatory damages focus on the victim, aiming to restore them to the position where they would have been if not for the accident, to the extent possible.
In a case involving drunk or drugged driving, however, a victim might seek punitive damages in addition to compensatory damages. Punitive damages focus on the defendant, aiming to punish them for especially egregious behavior and deter others from engaging in that behavior. Getting behind the wheel after consuming alcohol or drugs may meet the standard for punitive damages. However, each case is unique, and a victim may want to consult a car accident lawyer for guidance on the types of damages that they may be able to pursue.
Dram Shop and Social Host Liability in New York
Most states have laws allowing a victim of a drunk driving accident to pursue compensation from a bar or another establishment that served the at-fault driver in certain situations. The New York “dram shop law” appears in General Obligations Law Section 11-101, which provides a right of action to anyone injured due to the intoxication of another person against anyone who caused or contributed to the intoxication by unlawfully selling alcohol to that person. (This generally means that they sold alcohol to someone who was underage or visibly intoxicated.) Punitive damages may be available in addition to compensatory damages.
Section 11-100 permits a limited form of “social host liability,” a parallel concept. This law provides that someone who is injured due to the intoxication or impairment of an underage drinker can sue anyone who knowingly caused the underage drinker’s intoxication or impairment by unlawfully giving them alcohol, while knowing or having reason to believe that they were under 21.
