NYS Penalties for DWI and DWAI
In New York, drunk driving charges for drivers of non-commercial vehicles are categorized as either:
- DWAI (Driving While Ability Impaired) BAC of .05 to .07,
- DWI (Driving While Intoxicated) BAC of .08 to .17, or
- Aggravated DWI (Aggravated Driving While Intoxicated) BAC greater than .17.
A conviction on any one of these charges could result in a jail sentence, a fine, and the loss or suspension of your license. The severity of the punishment is linked to the alleged level of a driver's intoxication, and to whether the driver has any prior alcohol-related convictions. There are also special penalties for persons who hold a commercial driver's license, as well as for drivers under the age of 21.
|
Violation (1) |
Mandatory Fines (2) |
Jail Term |
Mandatory Driver License Penalty (3) |
|
Leandra's Law - Aggravated DWI (BAC of .08 or greater while a child under 16 is in the car - first offense is a Class E Felony) |
$1,000 - $5,000 |
1 - 4 years (and possible probation of no less than 6 months with ignition interlock device effective 8/15/10) |
Revoked for at least one year |
|
Second Leandra's Law, Aggravated DWI (BAC of .08 or greater while a child under 16 is in the car - second offense w/in 10 years is a Class E Felony) |
$1,000 - $5,000 |
3 - 4 years (and possible probation of no less than 6 months with ignition interlock device effective 8/15/10) |
Revoked for at least 18-months (5) |
|
Third Leandra's Law, Aggravated DWI (BAC of .08 or greater while a child under 16 is in the car - third offense w/in ten years is a Class D Felony) |
$2,000 - $10,000 |
4 - 7 years (and possible probation of no less than 6 months with ignition interlock device effective 8/15/10) |
Revoked for at least 18-months (4,5) |
|
Aggravated Driving While Intoxicated (A-DWI, BAC of .18 or more, misdemeanor) |
$1,000 - $2,500 |
Up to 1 year (and possible probation of no less than 6 months with ignition interlock device effective 8/15/10) |
Revoked for at least one year |
|
Second A-DWI in 10 years (E Felony)(1) |
$1,000 - $5,000 |
Minimum 5 days jail or 30 days community service - up to 4 years (and possible probation of no less than 6 months with ignition interlock device effective 8/15/10) |
Revoked for at least 18-months (5) |
|
Third A-DWI in 10 years (D Felony)(1) |
$2,000 - $10,000 |
Minimum 10 days jail or 60 days community service - up to 7 years (and possible probation of no less than 6 months with ignition interlock device effective 8/15/10) |
Revoked for at least 18-months (4,5) |
|
Driving While Intoxicated or Driving While Impaired by a Drug (DWAI-Drug) |
$500 - $1,000 |
Up to 1 year (and possible probation of no less than 6 months with ignition interlock device effective 8/15/10) |
DWI-Revoked for at least six months DWAI-Drugs - Suspended for at least six months |
|
Second DWI/DWAI-Drug violation in 10 years (E Felony)(1) |
$1,000 - $5,000 |
Minimum 5 days jail or 30 days community service - up to 4 years (and possible probation of no less than 6 months with ignition interlock device effective 8/15/10) |
Revoked for at least one year |
|
Third DWI/DWAI-Drug violation in 10 years (D Felony)(1) |
$2,000 - $10,000 |
Minimum 10 days jail or 60 days community service - up to 7 years (and possible probation of no less than 6 months with ignition interlock device effective 8/15/10) |
Revoked for at least one year (4) |
|
Driving While Ability Impaired by Alcohol (DWAI) (Violation) |
$300 - $500 |
Up to 15 days |
Suspended for 90 days |
|
Second DWAI violation in 5 years (Violation) |
$500 - $750 |
Up to 30 days |
Revoked for at least six months |
|
Third DWAI violation in 10 years (Misdemeanor) |
$750 - $1,500 |
Up to 180 days |
Can result in a permanent license revocation |
|
Zero Tolerance Law - Driver under 21 with .02 - .07 BAC |
$125 civil penalty and $100 fee to terminate suspension |
None |
Suspended for six months |
|
Second Zero Tolerance Law |
$125 civil penalty and $100 re-application fee |
None |
Revoked for one year or until age 21 |
|
Chemical Test Refusal |
$500 civil penalty ($550 for commercial drivers) |
None |
Revoked for at least one year, 18 months for commercial drivers. |
|
Chemical Test Refusal within five years of a previous DWI-related charge/Chemical Test Refusal |
$750 civil penalty |
None |
Revoked for at least 18 months, one-year or until age 21 for drivers under age 21, permanent CDL revocation for commercial drivers. |
|
Chemical Test Refusal - Zero Tolerance Law |
$300 civil penalty and $50 re-application fee |
None |
Revoked for at least one year. |
|
Chemical Test Refusal - Second or subsequent Zero Tolerance Law |
$750 civil penalty and $50 re-application fee |
None |
Revoked for at least one year. |
|
Driving Under the Influence - (Out-of-State) |
Not applicable. |
Not applicable. |
Suspended for 6 months. If less than 21 years of age, revoked at least one year. |
|
Driving Under the Influence - (Out-of State) with any previous alcohol-drug violation |
Not applicable. |
Not applicable. |
Suspended for 6 months. If less than 21 years of age, revoked at least one year or until age 21 (longest term). |
- Greater penalties can also apply for multiple alcohol or drug violations within a 10-year period.
- Surcharges are added to misdemeanors ($160) and felonies ($270).
- The driver license penalties for drivers under the age of 21, and for drivers of commercial motor vehicles and other professional drivers, are different.
- Three or more alcohol or drug-related convictions or refusals within 10 years can result in permanent revocation, with a waiver request permitted after at least 5 years.
- A driver with an Aggravated DWI violation conviction within the prior 10 years will receive a minimum 18-month revocation if convicted of DWI, DWAI/Drugs or DWAI/Combination. Also a driver with a prior DWI, Aggravated DWI, DWAI/Drugs or DWAI/Combination with the prior 10 years will receive a minimum 18-month revocation.
