Terrance Williams, DWI, and You

On August 8, 2018 by No Comments

Police found Terrance Williams, Cowboys wide receiver, riding his motorized scooter after he fled the scene of a car accident around 4 am. According to police reports, Terrance Williams’ Lamborghini crashed into a light pole. However, Williams’ lawyer, Chip Lewis, contests this information, later stating that no pole was near the accident. Lewis continued, pointing out that Williams was not arrested for Driving While Intoxicated, but for Public Intoxication, unrelated to the accident. Had Williams been drunk driving, he may face additional legal consequences, as well as discipline by the NFL. Let’s take a look at the legal consequences he would face had he been DWI (driving while intoxicated) here, in New York City…

Basics of a DWI in NYC

The state checks your BAC (blood alcohol concentration) to determine if you are legally driving while intoxicated. BAC is affected by:

• the amount of alcohol you drink
• the amount of food you eat before or while you drink alcohol
• the length of time you drink alcohol
• your body weight
• your sex

Police will charge you with DWI if your BAC is:

• 0.08% and you’re 21 years old or older.
• 0.04% and you’re driving a commercial motor vehicle.
• 0.02% and you’re younger than 21 years old.

Your DWI penalties depend on factors like:

• Your age (under 21 or 21 years old and above)
• The substance impairing you (alcohol, drugs, or a combination of both).
• Your driver’s license (regular passenger license vs. a special license like a CDL).
• Whether you submitted to a chemical test.

NYC’s ICL (Implied Consent Law) means that you consent to have your blood, breath, urine, or saliva tested for alcohol or drugs if you are stopped by law enforcement. So, you should comply with officers if asked to take a chemical test. Otherwise, you will face fines not only for DWI, but also for CTR (Chemical Test Refusal).

A first time offender of CTR could face:

• License revocation for at least 1 year (18 months for commercial drivers).
• $500 civil penalty ($550 civil penalty for commercial drivers). You must pay this before you can reapply for your license.
• minimum $250 annual assessment fine for 3 years as part of the state’s DRP (Driver Responsibility Program)

Legal ActionYou Can Take if You or Someone You Know Was Hurt By an Intoxicated Driver

You may pursue a civil suit against an intoxicated driver. To win this kind of case, you must prove the driver was liable, and that you suffered a qualifying injury from the accident. If the driver had a BAC above the legal limit, proving they are at fault is not difficult. Intoxicated drivers have impaired cognitive and motor function. By choosing to drink and drive, the driver fails to maintain a level of reasonable care. This means the level of care that one would expect of a reasonable driver in a similar situation was not met.

A qualifying injury under New York’s insurance laws meets the serious injury requirement. To meet this requirement an injury must be:

1.  Death

2.  Dismemberment

3.  Significant disfigurement

4.  Fracture

5.  Loss of a fetus

6.  Permanent loss of use of a body organ, member, function or system

7.  Permanent consequential limitation of a body organ or member

8.  Significant limitation of use of a body function or system

9.   Medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.

If someone who was driving while intoxicated injured you, you should not have to suffer in silence or pay for the mistakes of another. A skilled NY injury attorney with a track record of success in accident cases can look over the facts of your situation and help you determine if you have a viable claim.

Do not hesitate to get help. Contact our office immediately.