Injured by a Drunk Driver? Understanding the Difference Between a Civil and Criminal Case

Car Accident Lawyer Representing Injured Victims Of Auto Accidents in New York

Every day, 28 people¹ in the United States die as a result of an injury caused by a drunk driver. In fact, in 2014, 9,967 people died from car crashes involving drivers impaired by alcohol. This amounts to one-third of all car accident related deaths in the United States.

Driving while intoxicated is a serious problem, and drunk drivers can face stiff penalties in New York.² As a victim of drunk driving accidents, it is important that you understand the differences between the criminal and civil cases that may follow a drunk driving accidents.

What are the Criminal Penalties for Drunk Driving in New York?

• Adult Drunk Drivers over 21: First-time adult offenders over age 21 face a 90-day license suspension, a $300-500 fine, and up to 15 days in jail.
• A second offense within five years of the first can lead to serious penalties. A second-time drunk driver may face losing his or her license for six months or more, a $500-750 fine, and up to 30 days in jail.
• Underage Drinkers: In New York, drivers over the age of 21 cannot have a blood alcohol concentration (BAC) of .08 percent or higher. If a driver is below 21 years old, there is a “zero tolerance” law, which makes a BAC of .02 percent or higher an offense.
• Aggravated DWI: This charge may be brought against someone whose BAC is measured at 0.18 percent or higher. An aggravated DWI offender faces fines of $1,000 to $2,500 and up to one year in jail.

Do I Have a Civil Case?

If you sustain an injury in a drunk driver accident, you have the right to bring a civil suit against the driver. In a civil case, you must prove that the driver was impaired by alcohol, causing the car accident and the damages. If you bring a civil case, you will have the burden of proving the driver’s fault by a preponderance of the evidence. This means that it is more likely than not the driver was drunk and caused the auto accident.

The benefit of filing a civil lawsuit is that you can seek recovery for your personal injuries and other damages, such as losing your car or lost wages during your time recovering from the car accident. When you return to work, you may also continue to have medical appointments related to your injuries, which will take away from your time earning money.

After you call the police to handle the criminal side of the case, contact Personal Injury Lawyer Brooklyn NY who understands how to handle civil cases against drunk drivers. If you’ve been injured in a drunk driver accident, call The Rybak Firm, PLLC., today at (718)307-5554 so we can help you get the recovery you deserve.

Car Accident Lawyer Near Me

We are located in Brooklyn, NY.  Although our offices are in Brooklyn, NY we serve the whole NYC Metro Area and represent clients in every borough of New York City. Our Car Accident Lawyer will travel to you if you are unable to meet at our offices due to an injury. We also provide free transportation to and from our offices.

Our office address is:

1810 Voorhies Ave

Suite #7

Brooklyn, NY 11235

¹https://www.cdc.gov/motorvehiclesafety/impaired_driving/impaired-drv_factsheet.html

²https://dmv.ny.gov/tickets/penalties-alcohol-or-drug-related-violations