New York DWI Penalties

In New York, the penalties for a DWI (driving while intoxicated) conviction depend on many things. Were there prior DWI convictions? Was the DWI aggravated? Drug related?

Below is a basic summary of the penalties that occur with each type of DWI offense. This is in no way a comprehensive list of the penalties that are associated with a drunk-driving conviction. If you have any questions, it is a good idea to speak to an experienced New York DWI attorney.

For a first DWI or DWAI-Drugs offense (Driving While Ability Impaired by Alcohol), you will receive up to one year in jail and at least a 6-month driver’s license suspension. You will also be ordered to pay between $500 and $1,000 in fines.

A second DWI or DWAI-Drugs conviction within 5 years carries at least 5 days of mandatory jail time and a maximum of 4 years in prison. Your license will be suspended for up to one year, and you will pay fines ranging from $1,000 to $5,000.

For a third DWI or DWAI-Drugs offense within 5 years, you will spend at least 10 days in jail or a maximum of 7 years in prison. Your driver’s license will be suspended for at least one year and the judge may order you to have an ignition interlock device installed in your vehicles. Alcohol evaluation is mandatory. Your fines will now be between $2,000 and $10,000.

If this is your first DWAI offense you are looking at fines ranging from $500 to $1,000, up to one year in jail, and the loss of your license for at least 6 months. For a second DWAI offense, the fines jump up to between $1,000 and $5,000. You can spend a maximum of 4 years in prison, and your license will be suspended for at least a year.

An aggravated DWI offense is a little more serious. For a first offense, you are looking at fines ranging from $1,000 to $2,500. You may spend up to one year in jail, and your license will be suspended for at least a year.

In New York, a minor may be charged with a Zero Tolerance offense if his or her blood alcohol content is 0.02% or higher. For a first offense, you will be ordered to pay $125 to the DMV and a $100 suspension fee. Your license will also be suspended for 6 months.

It is important to note that if you have three or more drug or alcohol-related offenses within four or eight years, your license can be revoked permanently in New York.