Content reviewed by:
Alex Shulman
A drunk driver who causes a crash in the Bronx can face two kinds of penalties: criminal charges brought by the state and a civil claim brought by the person they hurt. The criminal case can lead to fines, jail, and the loss of a license. The civil case is how you may recover money for your injuries.
At Shulman & Hill Injury Lawyers, we help people understand the penalties a drunk driver faces in a Bronx accident case and what those penalties mean for their own claim.
Below, we cover DWI charges, civil liability, punitive damages, and claims against bars that overserve. Our Bronx drunk driving lawyer page explains how we handle these cases.
Criminal Penalties a Drunk Driver Faces in a Bronx Accident Case
State law sets different charges based on how much the driver had to drink. A blood alcohol level of 0.08% or higher supports a DWI charge. At 0.18% or higher, the charge becomes aggravated DWI.
For a first offense, the state DMV lists these penalties:
- Driving while ability impaired, at 0.05% to 0.07%, can bring a $300 to $500 fine, up to 15 days in jail, and a 90-day license suspension
- DWI can bring a $500 to $1,000 fine, up to one year in jail, and a license revocation of at least six months
- Aggravated DWI can bring a $1,000 to $2,500 fine, up to one year in jail, and a license revocation of at least one year
Penalties climb fast after that. A second DWI within 10 years can be charged as a felony. When a drunk driver seriously injures or kills someone, prosecutors may also bring felony charges such as vehicular assault or vehicular manslaughter.
Civil Liability for Your Injuries
A criminal sentence punishes the driver, but it doesn’t pay your bills. That’s the job of the civil claim. The state’s no-fault system pays first for medical bills and part of your lost wages, no matter who caused the crash.
If your injuries meet the state’s serious injury threshold, you may be able to sue the drunk driver directly. In a civil case, you may be able to recover:
- Medical bills that no-fault doesn’t cover
- Lost wages and lost future earning power
- Pain and suffering
- Costs for ongoing care, therapy, or home changes
- Damage to your car or other property
The driver’s auto insurance usually pays these damages, up to the policy limits. When the limits are too low, Shulman & Hill looks at your own underinsured motorist coverage and any other party who may share the blame.
When Punitive Damages May Apply
Many civil damages repay you for what you lost. Punitive damages are different. Courts award them in rare cases to punish reckless conduct, and drunk driving can sometimes meet that bar.
A court will look at the facts, such as how drunk the driver was, how they were driving, and whether they had prior DWIs. Punitive damages are never certain. Insurance also generally won’t cover them, so any punitive award may have to come from the driver’s own pocket.
At Shulman & Hill, we gather the evidence that may support a punitive damages claim. That can include toxicology results, police body camera video, and the driver’s record.
Dram Shop Liability for Bars and Stores
The state’s Dram Shop Act lets injured people sue a business that unlawfully sold alcohol to the person who hurt them. In general, that means a bar, restaurant, or liquor store that served a customer who was already visibly drunk. A separate law covers businesses and people who give alcohol to someone under 21.
A dram shop claim can matter when the driver has little insurance. Bars and restaurants often carry their own liability coverage, which could add another source of payment for your injuries. Private hosts are generally not liable for serving adult guests at home.
These claims depend on fast evidence. Shulman & Hill runs its own investigations in-house, and our team works to collect bar receipts, security video, and witness statements before they disappear.
How a Criminal Conviction Affects Your Civil Case
Your civil case and the criminal case run on separate tracks. You don’t have to wait for a verdict to file your claim. The civil case also uses a lower standard of proof, so you only need to show the driver was more likely than not at fault.
A DWI conviction or guilty plea can still help your case. It may be used as strong evidence that the driver was negligent, which can shorten the fight over who caused the crash. A plea to a lesser traffic charge may carry less weight, but it doesn’t end your claim.
Even if the driver is found not guilty, you may still win in civil court. Understanding the penalties a drunk driver faces in a Bronx accident case helps, but your own claim moves forward either way. Since 2013, Shulman & Hill has recovered more than $1 billion for clients.
What to Do After a Crash With a Drunk Driver
Call 911 right away and tell the dispatcher you think the other driver is drunk. Police can test the driver at the scene, and those results often become key evidence in both cases. Get medical care the same day, even if you feel okay.
If you can, note where the driver said they had been drinking and who was with them. Keep receipts, photos, and the names of witnesses. Don’t post about the crash on social media or give a recorded statement to the other driver’s insurer.
You generally have three years to file a civil lawsuit for your injuries, but the no-fault application is due within 30 days. Shulman & Hill can help you track these deadlines while the criminal case moves forward on its own schedule.
Hold the Drunk Driver Accountable
The penalties a drunk driver faces in a Bronx accident case can include jail, fines, and a lost license, but those don’t pay for your recovery. A civil claim, and in some cases a dram shop claim, can.
Shulman & Hill works on a contingency fee, so you pay nothing unless we recover money for you. Reach out today for a free case review and learn who may be responsible for your injuries.