Each year, thousands – if not millions – of car accidents happen across the country due to the negligence of drunk drivers. If you were hit by a drunk driver in Brooklyn recently, then it can feel like you’re down on your luck and out of options, especially if you listen to the driver’s auto insurance provider. To get yourself back on track, call (718) 690-3132 and speak with a Brooklyn drunk driving accident attorney from Koenigsberg & Associates Law Offices. We can assist you with all parts of your claim, including initial investigations, settlement negotiations, and courtroom litigation.

Legal Intoxication In New York

When someone operates a vehicle with too much alcohol in their system, they are “legally intoxicated,” which sounds contradictory because it is illegal to drive while legally intoxicated. Each state has different legal limits for drivers. If the driver who hit you can be charged with a crime for being legally intoxicated to some extent, then it could help prove that they are liable for your damages.

In New York, drivers are legally intoxicated at these blood alcohol concentration (BAC) levels:

• 0.05 to 0.07: A driver who has a BAC level within this range and who shows signs of impairment while driving can be charged with driving while ability impaired (DWAI).
• 0.08: A driver with a BAC level at this level or higher can be charged with driving while intoxicated (DWI).
• 0.18 and up: A driver who has a BAC level of this level can be charged with aggravated driving while intoxicated (ADWI).

Additionally, a driver under the age of 21 who has a BAC level at or above 0.02 can be charged with DWAI, even if they are not showing signs of impairment. This rule is part of New York’s “zero tolerance law” for underage drinking and driving, even though it can excuse underaged drinkers with a BAC level below 0.02 but above 0.00.

If you were a victim in a drunk driving accident, contact us online or call (718) 690-3132 today! Initial consultations are free for inquiring clients.