Causing Injury Or Death

Proven Defense in Thousands of Resolved Cases

Arrested for a Drunk Driving Accident?

If you cause serious physical injury or death as a result of driving while ability impaired, driving while intoxicated, aggravated driving while intoxicated, driving while ability impaired by drugs, or driving while ability impaired by the combined influence of drugs and alcohol, in that case, you could be facing severe felony charges.

The New York DWI DUI  attorney you choose must be experienced and knowledgeable in DWI DUI defense because the “trigger” or predicate for a more serious felony charge is the particular, or what is referred to as the “underlying,” DWI or DWAI charge. If you beat the DWI charge, you will generally be at a more severe expense.

Types of Felony Charges

If you cause serious physical injury or death, depending on what the underlying DWI or DWAI charge is, you could be charged with one or more of the following:

  • Vehicular Assault in the First Degree
  • Vehicular Assault in the Second Degree
  • Aggravated Vehicular Assault
  • Assault in the First Degree
  • Criminally Negligent Homicide
  • Aggravated Criminally Negligent Homicide
  • Vehicular Manslaughter in the First Degree
  • Vehicular Manslaughter in the Second Degree
  • Murder in the Second Degree

In most cases, even if you were driving while intoxicated or impaired by drugs and someone suffered a severe injury or death, the prosecution must also prove that your intoxication or impairment was the cause of the physical injury or death.

Potential Legal Defenses

In these types of DWI or DWAI DUI cases, there are generally three theories of defense that a DWI attorney in New York can pursue alone or in combination:

  1. The prosecution cannot prove, beyond a reasonable doubt, that you were impaired, intoxicated, or impaired by drugs beyond a reasonable doubt. In other words, the prosecution cannot prove beyond reasonable doubt that you were guilty of one or more of the “underlying” DWI or DWAI offenses listed above.
  2. In drunk driving or drugged driving cases involving alleged physical injury or serious physical injury, the prosecution cannot prove beyond a reasonable doubt that the victim suffered the requisite bodily injury or serious physical injury.
  3. The prosecution cannot prove beyond a reasonable doubt that your impairment, intoxication, or impairment by drugs was the cause of the injury or death. If another vehicle veered over the centerline and hit your car, resulting in their physical severe injury or death, the fact that you were impaired would not be a factor.


The most important thing you should do is thoroughly research the attorney you hire. When facing these types of charges, which defense lawyer you choose might very well be the most crucial decision of your life. Now is not the time to price shop. However, that doesn't mean you should pay unreasonable legal fees, nor does the cost you pay an attorney in a criminal case guarantee a particular outcome.

You must also understand that no matter what your New York DWI DUI lawyer charges you, there is a genuine chance you can be convicted. Your lawyer might know the law and the rules of evidence better than the judge or have more experience than the prosecutor, but if you drove your car through the front door of the mayor's house while intoxicated, resulting in serious physical injuries or death, you have a problem.

In these cases, your attorney's ability to negotiate with the prosecution can, at times, gain you a plea bargain which minimizes the legal punishment you are facing.

Let Our New York DWI Attorney Start Building Your Defense

At The Kugel Law Firm, we are dedicated to protecting all of our client’s rights, reputations, and freedom. With over
25 years of legal experience, we possess the comprehensive knowledge of New York laws and court processes and
the expertise to help you navigate through the complexities of your case. Let our The Kugel Law Firm-New York-based
attorneys fight for you today.

Schedule a no-cost, no-risk case consultation with the Leading New York-New Jersey DUI / DWI Law Firm,

The Kugel Law Firm   

New York (212) 372-7218  New Jersey (973) 854-0098 

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