Driving under the influence of alcohol or drugs remains one of the most dangerous and preventable causes of serious auto accidents in New York State. Despite years of public awareness campaigns, impaired driving continues to claim lives, cause catastrophic injuries, and leave families devastated.
At O’Connor & Partners, PLLC, we’ve helped countless victims of drunk and drugged drivers seek justice through personal injury claims. If you or a loved one was harmed by someone who chose to get behind the wheel impaired, you may be entitled to substantial compensation under New York law.
What Is Impaired Driving?
Impaired driving refers to operating a vehicle under the influence of alcohol, illegal drugs, prescription medications, or other substances that impair judgment, coordination, or reaction time.
In New York, impaired driving charges may fall into several categories:
- DWI (Driving While Intoxicated): Blood alcohol content (BAC) of 0.08% or higher
- DWAI (Driving While Ability Impaired): BAC between 0.05% and 0.07%, or impairment due to drugs
- DWAI-Drug or DWAI-Combination: Driving under the influence of drugs or a mix of alcohol and drugs
Even legal substances (such as prescription medication or marijuana) can lead to DWAI charges if they impair your driving.
Alarming Statistics on Drunk and Drugged Driving
- In 2023, impaired driving was a factor in nearly 30% of all traffic fatalities in New York.
- The National Highway Traffic Safety Administration (NHTSA) reports that every day, 32 people in the U.S. die in drunk-driving crashes.
- Drug-impaired driving — including cannabis and opioids — is on the rise, especially since marijuana legalization in New York.
Criminal vs. Civil Liability for Impaired Driving
It’s important to understand that while the state can prosecute an impaired driver, victims must pursue civil claims separately in order to receive compensation.
Criminal penalties (fines, jail time, license suspension) are enforced by the state, but they don’t compensate victims for:
- Medical bills
- Lost wages
- Pain and suffering
- Long-term disability
- Emotional trauma
- Wrongful death
That’s where O’Connor & Partners steps in.
What to Do If You Were Injured by an Impaired Driver in NY
If you were involved in an accident and suspect the other driver was impaired, take these steps:
- Call 911 – Always report the crash and request law enforcement.
- Seek immediate medical attention, even if you feel fine initially.
- Document everything – Take photos, gather witness information, and note erratic driving behavior.
- Do not accept early settlement offers – Insurance companies may try to minimize their payout.
- Contact an experienced personal injury lawyer as soon as possible.
Your Legal Options After an Impaired Driving Accident
Victims of impaired driving may pursue several legal avenues:
- Personal Injury Claim – For medical bills, lost income, and pain and suffering
- Punitive Damages – In some cases, you may be awarded additional damages to punish the driver for gross negligence
- Wrongful Death Claim – If a loved one died due to a drunk or drugged driver, their family can sue for funeral costs, loss of companionship, and more
- Dram Shop Liability – Bars or restaurants that overserve visibly intoxicated patrons may also be held liable
Why Choose O’Connor & Partners, PLLC?
Our team at O’Connor & Partners has decades of experience holding impaired drivers accountable across the Hudson Valley and Capital Region. We have secured millions in compensation for clients in cases involving:
- DWI and DWAI accidents
- Head-on collisions
- Pedestrian and cyclist injuries
- Motorcycle crashes involving intoxicated drivers
- Hit-and-run DWI cases