DWI Ticket in Nyack : DUI Causing Injury Defense

The state must establish that you operated a vehicle with a blood alcohol content of 0.08 percent or higher, or that you were impaired by alcohol or drugs. Additionally, the prosecution must demonstrate that your impaired driving directly caused physical injury to another person. Physical injury is defined in New York law as any impairment of physical condition or substantial pain. The severity of the injury does not need to be extreme; even minor injuries can support the charge if causation is proven.

A DWI ticket in Nyack that involves causing injury carries mandatory minimum penalties. Conviction can result in up to four years in prison, fines ranging from one thousand to five thousand dollars, a mandatory license revocation for at least one year, and an ignition interlock device requirement. A felony conviction also creates collateral consequences, including employment difficulties, professional license revocation, housing discrimination, and permanent criminal record status.

Nyack City Court has jurisdiction over traffic and local criminal matters with limited sentencing authority. However, DUI causing injury charges are typically prosecuted as felonies in Rockland County Court, which is located in New City. The Rockland County District Attorney's Office maintains a dedicated traffic prosecution unit that handles these cases. Judges in Rockland County Court have significant discretion in sentencing and often consider the specific facts of the injury, prior criminal history, and blood alcohol content levels when determining appropriate penalties.

Rockland County follows New York's discovery rules, which require the prosecution to provide police reports, chemical test results, and witness statements. The county has established relationships with local hospitals and emergency medical services for injury documentation. Police reports from the Nyack Police Department or New York State Police typically include scene observations, field sobriety test results, and officer narrative statements. Chemical tests conducted at approved facilities must meet specific chain of custody requirements, and any deviation from protocol can be challenged in court.

Breathalyzer and blood test results are not infallible. Improper calibration, operator error, or medical conditions can produce inaccurate results. Field sobriety tests are subjective assessments that can be influenced by fatigue, medical conditions, nervousness, or poor road conditions. An experienced attorney can obtain maintenance records for testing equipment, depose the officer who administered field sobriety tests, and present expert testimony regarding the unreliability of these assessments. Additionally, certain medications or medical conditions can affect test results, providing a legitimate defense to the impairment allegation.

The prosecution must prove that your impaired driving directly caused the injury to the other person. If multiple factors contributed to the accident, causation becomes questionable. For example, if another vehicle struck the injured party, or if the injury resulted from a pre-existing condition exacerbated by the accident, the causal link weakens. Medical records and expert testimony can establish alternative causes for the injuries. When you face charges involving accident injury claims, understanding the actual cause of harm is essential to your defense.

Even if criminal charges are reduced or dismissed, the injured party may pursue a civil lawsuit for damages. Your insurance company will be notified and may deny coverage if they determine the accident resulted from criminal conduct. Medical expenses, lost wages, pain and suffering, and permanent disability can result in substantial civil judgments. If the injuries include airbag injury claims, the damages calculation may include medical treatment for burn injuries or chemical exposure, increasing the civil liability exposure significantly.

Understanding how DUI causing injury differs from other DWI offenses helps clarify the severity of your situation and the importance of aggressive defense.

Gather all documentation related to the incident, including medical records, photographs of the scene, witness contact information, and any communications with police or insurance companies. Request your chemical test results and the police report through a FOIL request if necessary. Preserve any video footage from dashboard cameras, surveillance systems, or mobile devices that captured the incident. Do not discuss the case with anyone except your attorney, as statements can be used against you in court.

DUI causing injury charges require immediate legal representation to protect your constitutional rights and begin building a defense. An attorney can file motions to suppress illegally obtained evidence, challenge the validity of chemical tests, and negotiate with the prosecution for potential charge reductions. Early intervention often leads to better outcomes, including possible plea agreements to lesser charges or dismissal of the injury element of the prosecution's case.