Long Island Drunk Driving Accident FAQs

If you have been injured by a drunk driver in an accident, we are here to help!

Drinking and Driving Are a Deadly Combination

Drinking and driving don’t mix. According to the US Department of Transportation (DOT) Drive Sober or Get Pulled Over campaign, drunk driving accidents account for nearly one-third of vehicle crash fatalities in the United States. This grim statistic is even more important to consider as one of the most popular American drinking holidays approaches—St. Patrick’s Day is the fourth most popular celebratory drinking holiday eclipsed only by New Year’s Eve, Christmas, and Independence Day. Even with the possible cancellation or downsizing of 2021 St. Patrick’s Day parades in NYC and across Long Island, it is important to remember and share the DOT traffic safety and preventing drunk driving accidents campaign slogan “buzzed driving is drunk driving.”

For a free legal consultation, call 631-451-7900

Helping Victims Injured by Drunk Drivers on Long Island

If you have been injured by a drunk driver, whether as a passenger in their vehicle, in your own vehicle, or while walking or cycling, we are here to help! Our personal injury attorneys are experienced at fighting aggressively for the compensation you deserve. We handle all types of claims for people hurt by reckless drunk drivers including:

  • Injuries sustained by drivers and their passengers involved in crashes caused by an inebriated driver who was speeding, driving dangerously, ignoring traffic laws, or who lost control of their vehicle.
  • Injuries sustained by pedestrians and bystanders who were struck by a drunk driver.

The people we help can have a variety of minor to very serious injuries caused by a drunk driver including sprains, strains, bruising, contusions, brain or spinal cord injuries, broken bones, or loss of limbs. We also represent the survivors in wrongful death actions in New York where a loved one has been killed by a drunk driver.


Drunk Driving FAQs Infographic
Have you been injured by a drunk driver? Get help from the experienced car accident lawyers at Rosenburg & Gluck.


Steps to Stay Safe

No matter how you choose to celebrate, when you plan to have an alcoholic drink, plan not to drive, and certainly do not enter a car with a person who has been drinking. The National Highway Traffic Safety Administration recommends that all responsible individuals help promote traffic safety and keep drunk drivers off the roads in Long Island and across the country by taking the following actions to prevent accidents:

  • Make plans in advance on how you can safely get home if you think you may be consuming alcoholic beverages
  • Designate a sober driver
  • Take a taxi, use a rideshare app, call a sober family member or friend, or use public transportation
  • Always wear a seat belt to protect yourself against other impaired drivers who might cause a drunk driving accident

Be sure to understand the consequences of drunk driving and get answers to these frequently asked questions:


Can you sue if you are hit by a drunk driver?

Yes, if you are injured in an accident caused by someone drinking and driving, you have the right to make a claim for damages for financial loss, as well as compensation for any injuries you may have suffered. Because driving under the influence is a crime that carries stiff criminal and administrative penalties in New York state, victims of drunk drivers can file a personal injury lawsuit for compensatory and punitive damages.

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What compensation can a victim of a drunk driver get?

If you are injured by a negligent drunk driver, there are a number of different types of damages that depend on the specifics of your accident. These can include the extent of your injuries and whether you missed work while recovering from the incident with the drunk driver. Some examples of damages in personal injury claims against a drunk driver include compensation for:

  • Lost income
  • Medical bills and expenses
  • Projected lost income due to permanent disability
  • Projected medical bills and expenses due to serious injuries
  • Pain and suffering
  • Wrongful death

How dangerous is drunk driving?

Each year, in the United States, people driving under the influence who cause accidents are responsible for an average of 10,000 deaths. It is extremely dangerous and should never be taken lightly. Driving under the influence of alcohol or any other drugs significantly lowers reaction time, reduces reasoning and muscular coordination, and greatly reduces functionality of the brain. Not only is it illegal across the US and in New York to drive over the Blood Alcohol Level (BAC) level of .08% (and .04% for drivers of commercial vehicles in New York State), it is extremely dangerous and deadly to drive under any influence.

What does drunk driving mean?

In the state of New York, a drunk driver would be considered an impaired motor vehicle operator with a BAC level over .08%. You can still receive a DWI (driving while intoxicated) with a BAC of .04% as the driver of a commercial motor vehicle. For drivers under the age of 21, New York State has a Zero Tolerance policy with a BAC limit of .02% that carries significant penalties for underage drinking and driving. New York also has a law with enhanced penalties for drunk drivers with a .18% BAC reading or more, which is considered to be an aggravated DWI charge.

It is important to note that a driver who refuses a breathalyzer test violates New York’s implied consent laws, which will result in an automatic six month to one year suspension of their driver’s license and can carry a $500 fine.

What is the punishment for driving drunk?

In New York State, driving drunk carries heavy penalties because ‘driving while intoxicated’ or a DWI, is a crime and is treated as such. For any situation where a driver has a BAC level above .04%, the citation can be accompanied by a civil fine as well as the possibility of jail time. In all cases, the drivers license will be revoked for a minimum of 6 months and, in some cases, permanently taken away. Multiple DWI’s will result in larger fines and even more jail time.

What are 3 consequences of drinking and driving?

  1. The legal ramifications in New York State and across the United States for drinking and driving are highly enforced and can include fines, jail time, license suspension, and/or the requirement of an ignition interlock device
  2. The risk of causing accidents resulting in an injury or even death rises exponentially while driving drunk or intoxicated
  3. If you are involved in an auto accident while under the influence, you may waive your rights to insurance benefits and your risk of being directly sued is much higher

How long does being drunk last?

There is no quick way to become sober after drinking. The only option is to wait for your body to absorb the alcohol. The average rate for this is approximately one drink per hour. Factors like the amount of alcohol you drink, the amount of food you consume, the length of time you are drinking, your body weight, and your gender will impact your level of impairment and length of time it will take for your body to absorb the alcohol.

What are 3 ways to prevent drunk driving?

  1. Plan a safe way home in advance that doesn’t involve driving if you have had an alcoholic beverage to prevent auto accidents
  2. Designate a sober driver
  3. Hail a cab, use a rideshare app, call a sober friend or family member to pick you up, or use public transportation

What is considered an auto accident?

An auto accident, also referred to as “traffic collision” or “car accident” refers to any circumstance where a car, bus, motorcycle, or other motorized vehicle collides with another vehicle, animal, pedestrian, or any object. Auto accidents are caused by a variety of circumstances. It’s important for drivers to be ready and preemptively avoid as many causes of collisions as possible. The most common circumstances leading to auto accidents include: speeding, poor weather, device usage, driver fatigue and driving drunk or while under the influence.

What happens after a car accident that is not your fault?

In New York State, no matter the fault in the accident, each motorist is required to stop and exchange information with those involved in the auto accident. You must contact the police if there was an injured party, damage to another party’s property, if there is a person’s domesticated animal injured, or if you or another party feels it is warranted to contact the police. All motorists and parties involved in the accident must contact their insurance representative as soon as they are in a safe position to do so.

Do I have to declare an accident if it wasn’t my fault?

Whether you are at fault or not, every person involved in the auto accident on Long Island must immediately report to their insurance provider. When calling the insurance provider, you should give them details of injuries, extent of the damage to the vehicles, and the contact information of all other parties involved. When speaking to your provider or other parties involved in the collision, you should never admit or take fault for the accident.

How does car insurance work if I’m not at fault?

With New York State’s compulsory ‘no-fault’ automobile insurance law, a person injured in a motor vehicle accident is eligible for benefits as long as they were not operating a vehicle while intoxicated or impaired by drug use and were not engaged in a criminal activity. Further payments for damages will be determined between the insurance provider and policy holder, much of which is determined through the insurance agreement. Any further payments will require litigation against the other party or parties and will require an experienced Suffolk and Nassau County car accident lawyer to work on your behalf.

How long does a car accident stay on record?

In New York State, car accidents will be displayed on your driving record for the remainder of the year after the accident, plus 3 additional years. Convictions for operating a motor vehicle on Long Island while under the influence of alcohol or drugs (DWI) are displayed for 15 years from the date of conviction.

I’ve been injured by a drunk driver, can an accident lawyer help me?

If you have been injured by a drunk driver, the aggressive Long Island drunk driving accident attorneys at Rosenberg & Gluck, L.L.C., are ready to help fight for the compensation you deserve. We can handle all types of claims from auto accidents involving:

  • Injuries from multi-car accidents caused by a drunk driver who was speeding, didn’t obey traffic laws, failed to use caution, or lost control of their vehicle
  • Injuries from single car accidents where the drunk driver ran off the road, lost control of their vehicle, or failed to follow traffic laws
  • Injuries to bystanders, pedestrians, or bicyclists by a drunk driver

Should I consult a Long Island drunk driving accident lawyer near me?

Yes, if you’ve been injured in an accident with a drunk driver, the experienced Long Island auto accident lawyers at Rosenberg & Gluck, L.L.C., can help you. We handle drunk driving injury cases on a contingency fee basis. This means that you only have to pay if your lawyer successfully recovers compensation for your injuries. Contact us online or call us at (631) 250-4072 to set up an appointment. Our attorneys are ready to meet with you at a location that is convenient for you, including your home or at the hospital if necessary. We will fight for your right to get the compensation you deserve, and will hold wrongdoers accountable to prevent future negligence and accidents on our roads.

Call or text 631-451-7900 or complete a Free Case Evaluation form

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Practice Areas

Our Long Island Injury Lawyers Have Experience In

Truck Accidents
Accidents on the highways can be lethal events
Bicycle Accidents
Riding a bicycle should not be unsafe
Car Accidents
If you have been seriously injured, call our firm
Motorcycle Accidents
Motorcycle accidents often result in serious injury
Medical Malpractice
Medical mistakes can cause death ruin lives
Wrongful Death
When negligence results in the death of a loved me
Premises Liability
When hurt in a location, someone has to take responsibility
Brain Injury
Brain injuries can have long term severe effects
Dog Bites
Dog bites can cause serious injury


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