Drunk Drivers/DUI/DWI

DUI/DWI Injuries and Accidents

When someone drives while under the influence of alcohol or drugs, this puts not only their life in danger but yours as well. This reason is why the repercussions for DUI are so intense, and the other driver could even get jail time. If you were hurt during a crash with a DUI driver, you should be compensated for your injuries. You should seek compensation, and a Manhattan DUI lawyer can help.

When you are injured because of a DUI accident, you may experience serious consequences that are life-changing. You may be required to take time off from work and get extensive medical care to help you recover from catastrophic injuries. Fortunately, you can seek a settlement to help you remedy all of these damages. Work with a Manhattan DUI lawyer to help you overcome this difficult time. Call Gray Law Firm now for a free consultation.

Picture Of A Person Being Tested For Alcohol

How a Manhattan DUI Lawyer Can Help You

Reviewing Traffic Camera Footage

During the DUI accident, the activity of the intoxicated driver may have been caught on camera. Your DUI attorney can observe how the accident was caused and will notice any traffic infractions that occurred. If the other driver was drunk, their erratic driving might be caught on camera. 

Checking Breathalyzer Test Results

The police may have requested the other driver take a breathalyzer test. If they have a BAC that is over 0.08% and are over the age of 21, then they can be convicted of a DUI. If they are under 21 and have a 0.02% BAC or higher, they can be convicted. Even if their BAC is over 0.05%, the driver can still be blamed for being slightly intoxicated. If the driver declines the test, they can receive a DUI Refusal Charge, which is punished by a license suspension and a $500 fine. This will be noted in the police report. Your attorney can point out that the other driver was suspected of being drunk or was actually proven guilty of drunk driving using the police report or the results from the breathalyzer test. 

Checking Black Box Data

The other driver’s car may have a black box if it is a fairly recent model. This electronic recording device will show how fast the other car was going before the crash. It can also show when the other driver stepped on the brake, if at all. This information is useful to your attorney. A reckless DUI driver could be speeding. They also may have had a sluggish reaction and braked too slowly, or they didn’t brake at all. 

Checking the Driving History

Manhattan DUI lawyers can access the other party’s driving history to see if they have a history of drunk driving. If they are a repeat offender, then this will help your case. Frequent aggressive driving and DUI convictions can help prove that they might have been intoxicated during your accident. 

Analyzing Police Reports

The police report can hold key evidence and provide additional evidence for your attorney. For example, it can mention that the driver didn’t pass a field sobriety test. Even if they declined a breathalyzer, urine, or blood test, your attorney can use this to prove there are suspicions regarding the other party’s sobriety. 

Getting Lab Tests

If the other party wound up in the hospital after your DUI accident, your attorney can get information from their lab tests. Hospital staff can perform lab tests on patients who were admitted in emergency situations to check that everything is fine. If the other driver had drugs or alcohol in their system, your attorney will find out. The driver also may have agreed to a blood or urine test after the police officer requested one. Your attorney can get access to this information. 

Analyzing Photographs

Your pictures of the DUI accident scene will help your attorney piece together information about the crash. How the cars are positioned, how badly your car was hit, and surrounding property damage to the area can help prove if the other driver was driving erratically when the crash occurred. 

Eyewitness Testimony

There may have been eyewitnesses nearby who saw the car crash. If you obtained their contact information, your attorney can later reach out to them and get their testimony. Their testimony can be used as proof to help bolster your claim.

Using Accident Reconstruction Technology

Attorneys can work with accident reconstruction specialists to show how the accident might have happened. This can show if they were driving responsibly or not. 

What Should I Do After I Was In A DUI Accident?

After you’ve been hit by a DUI driver, you should do the following as soon as possible:

Call 911

You should dial 911 to get the paramedics on the scene. They’ll send an ambulance and the police. You can get treated, and if in serious condition, be stabilized and transported to an ER. The police will also arrive to file a police report, which your attorney will need later on.

Take Pictures If Possible

If you can move, take pictures of the area where the crash happened. Show all of the devastation that occurred.

Get the Driver’s Contact Information

Get the contact information of the other driver and their insurance information. Take pictures of their license plate if necessary. 

Call Your Insurer

Let your insurance company know what happened. Update them about the details you know at the time.

Call An Attorney

After you are treated at the hospital, reach out to an attorney to get the process started on your settlement claim. They can begin estimating all of your damages, which include pain and suffering, medical bills, lost wages, and property damage. They’ll negotiate the compensation on your behalf. 

Person Drinking Alcohol While Driving

Drunk Driving Penalties

In Manhattan, a DUI can result in a variety of punishments, depending on the severity of the offense and the driver’s record. First-time offenders can expect to receive a fine, have their license suspended, or be required to attend alcohol education classes. If they are a repeat offender, they will receive harsher penalties, such as jail time.

DUI Penalties

DUIs are graded based on whether there are any aggravating factors. A first or second DUI without aggravating factors, such as bodily injury or death, is a misdemeanor. However, if the DUI driver caused physical pain or a fatal accident, then this would be prosecuted as a felony. Drivers under the influence of drugs or alcohol can be punished by any of the following:

Jail Time

If they were convicted of a DUI, they could spend 1 to 7 years in jail, depending on the offense. If there are aggravating factors, the DUI driver can be sent to jail. Even impaired drivers that don’t have a BAC of over 0.08% can get sentenced to jail for 15 to 180 days. 

License Suspensions

Their license can be revoked for anywhere between one year to 18 months. Impaired drivers can have their license suspended for between 90 days to six months. 

Fines

The fine is $1,000 to $10,000 depending on the offense for a DUI driver. The second and third offense increases the penalty. If it was an aggravated offense, the fnie will range between $5,000 to $10,000. For impaired and under-21 drivers, fines are smaller and range between $125 to $1,500. Chemical test refusal penalties are between $500 to $750. 

Fines are based on the following traffic citations:

Driving While Intoxicated (DWI)

For civilian drivers, a 0.08 BAC or higher will be considered legal intoxication. For commercial drivers, this limit would be 0.04 BAC.

Aggravated Driving While Intoxicated (Aggravated DWI)

If they drive with a 0.18 BAC or higher, they will be convicted of an aggravated DWI.

Driving While Ability Impaired by Alcohol (DWAI/Alcohol)

If they have a BAC that is over 0.05 BAC and less than 0.07 BAC, they may be considered impaired. 

Driving While Ability Impaired by a Single Drug other than Alcohol (DWAI/Drug)

They can be intoxicated with other substances other than alcohol when they are pulled over.

Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol (DWAI/Combination)

If they were abusing more than one substance, then they may be convicted of this violation.

Zero Tolerance Law

The Zero Tolerance Law applies to anyone under the age of 21 who has a BAC level between 0.02 to 0.07. 

Chemical Test Refusal

If they decline a blood, urine, or breath test, this will be punished as a chemical test refusal. 

NYC DUI Attorneys Can Help You

NYC DWI lawyers in Manhattan can help you know how much in compensation you are owed. They will also negotiate a fair settlement from the driver and their insurance company. If you are dealing with heavy financial losses because of a reckless DUI driver in Manhattan, it’s important to work with a knowledgeable lawyer who can help you throughout the process. Get a lawyer on your side to make sure you are fairly represented. Contact Gray Law Firm now for a consultation with reputable Manhattan DWI lawyers. 

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