DWI Penalties

NYS Penalties for DWAI, DWI, and ADWI

(Non-CDL drivers / Non-Commercial Vehicles)

In New York, drunk driving charges for drivers with a regular, Class D license are:

  • DWAI (Driving While Ability Impaired) Generally, a BAC of .05 to .07,
  • DWI (Driving While Intoxicated) BAC of .08 to .17, or
  • Aggravated DWI (Aggravated Driving While Intoxicated) BAC of .18 or higher

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, bus drivers, drivers of “special vehicles,” as well as for drivers under the age of 21.

Every conviction under VTL 1192 results in a DMV Driver Responsibility Assessment fee of $250 per year for 3 years; nevertheless, these convictions carry no points. Also, many judges in Livingston, Monroe, and Ontario Counties are likely to impose a ban on relicensing as a term and condition of probation. There are many courts where a term of probation can result in up to 5 years of no driving.

Driving While Ability Impaired (VTL 1192(1))

What is DWAI? A driver is guilty of DWAI if his ability to operate his vehicle as a reasonable and prudent driver is impaired by alcohol.

First Offense:

Non-Criminal Violation

Second Offense:

Non-Criminal Violation

Third Offense within 10 years of any other VTL 1192 conviction:

Misdemeanor

 

Penalties for first offense:

Penalty for second offense within 5 years of any other VTL 1192 conviction:

Penalty for third offense within 10 years of any other VTL 1192 conviction:

Fine:

$300-$500

$500 - $750

$750 - $1,500

Surcharge:

$255-$260

$255-$260

$395 - $400

Incarceration:

Up to 15 days.

Up to 30 days.

Up to 180 days.

License:

90 day suspension.

1 year revocation for drivers under 21.

6 month revocation.

For drivers under 21, 1 year revocation or until the driver turns 21 – whichever is greater.

Possible permanent license revocation by the DMV.

Victim Impact Panel:

Optional

Optional

Optional

Drinking Driver Program:

Optional

Optional, if the most recent conviction did not occur within the previous 5 years.

Optional, if the most recent conviction did not occur within the previous 5 years.

Ignition Interlock device:

Not available, even as a part of a plea deal.

Not available, even as a part of a plea deal.

Not available, even as a part of a plea deal.

 

DWI per se - Driving with .08 of one percent or more of alcohol (VTL 1192(2))

DWI common law – Driving while Intoxicated (VTL 1192(3))

DWAI Drugs (VTL 1192(4))

What is DWI? 1192(2), You had a BAC of .08% or greater. 1192(3) you operated a motor vehicle on a public highway in an intoxicated condition, regardless of your BAC.

What is DWAI Drugs? Driving While Ability Impaired by Drugs.

First Offense:

Misdemeanor

(Note 1) Second Offense within 10 years:

E Felony

(Note 2)  Third Offense within 10 years: D Felony

 

Penalty for first offense:

Penalty for second offense within 10 years:

Penalty for third offense within 10 years:

Fine:

$500-$1,000

$1,000 - $5,000

$2,000 - $10,000

Surcharge:

$395-$400

$520

$520

Incarceration:

Up to 1 year, possible 3 years probation.

Min. 5 days in jail or 30 days community service. Max. 1 1/3 – 4 years in state prison. Possible 5 years probation.

Min. 1-3, Max. 7 years in state prison. Possible 5 years probation.

License:

6 month revocation.

For drivers under 21, 1 year revocation.

1 year revocation.

For drivers under 21, 1 year revocation or until the driver turns 21 – whichever is greater.

Possible permanent license revocation by the DMV.

Victim Impact Panel:

Optional

Optional

Optional

Drinking Driver Program:

DDP required, or completion of treatment after a drug and alcohol evaluation with an OASAS-certified treatment provider.

DDP required if prior conviction happened outside the 5-year look-back, or completion of treatment after a drug and alcohol evaluation with an OASAS-certified treatment provider.

DDP required if prior conviction happened outside the 5-year look-back, or completion of treatment after a drug and alcohol evaluation with an OASAS-certified treatment provider.

Ignition Interlock device:

6 months to 3 years.

1 - 5 years.

1 - 5 years.

(Note 1) A second DWI charge [VTL 1192(2) or VTL 1192(3)] within 10 years of a previous DWI conviction is technically a D Felony, but a plea bargain can reduce it to a misdemeanor as described in this paragraph. Misdemeanor Penalty for second offense within 5 years of VTL 1192-2, 3 or 4 conviction: Fine between $500 and $1000, minimum of 5 days and max up to 1 year in jail or 30 days of community service, possible 3 years probation, mandatory NYS surcharge of $395 - $400, completion of treatment after a drug and alcohol evaluation with a certified agency, possible attendance at one session of a Victim Impact Panel, license revocation of 1 year, installation of Ignition Interlock Device for 6 months – 3 years. (Drivers convicted for a second time within 5 years are not eligible for the Drinking Driver Program.)

(Note 2) A third DWI charge [VTL 1192(2) or VTL 1192(3)] within 10 years of a previous DWI conviction is technically an E Felony, but a plea bargain can reduce it to a misdemeanor as described in this paragraph. Misdemeanor Penalty for third offense within 5 years of VTL 1192-2 or 1192-3 conviction: Penalties are the same as for a second offense, except the minimum jail time is 10 days, or 60 days community service.

Aggravated DWI - Driving with a BAC of .18 or more (VTL 1192-2a(a))

What is ADWI? You drove on a public highway with a BAC of .18% or greater.

First Offense:

Misdemeanor

(Note 3) Second Offense within 10 years:

E Felony

(Note 4) Third Offense within 10 years:

D Felony

 

Penalty for first offense:

Penalty for second offense within 10 years:

Penalty for third offense within 10 years:

Fine:

$1,000 - $2,500

$1,000 - $5,000

$2,000 - $10,000

Surcharge:

$395-$400

$520

$520

Incarceration:

Up to 1 year, possible 3 years probation.

Min. 5 days in jail or 30 days community service. Max. 1 1/3 – 4 years in state prison. Possible 5 years probation.

Min. 1-3, Max. 7 years in state prison. Possible 5 years probation.

License:

1 year revocation.

18 month revocation.

Possible permanent license revocation by the DMV.

Victim Impact Panel:

Optional

Optional

Optional

Drinking Driver Program:

DDP required, or completion of treatment after a drug and alcohol evaluation with an OASAS-certified agency.

DDP required if prior conviction happened outside the 5-year look-back, or completion of treatment after a drug and alcohol evaluation with an OASAS-certified treatment provider.

DDP required if prior conviction happened outside the 5-year look-back, or completion of treatment after a drug and alcohol evaluation with an OASAS-certified treatment provider.

Ignition Interlock device:

1 – 3 years.

1 - 5 years.

1 - 5 years.

(Note 3) A second A-DWI charge within 10 years of a previous DWI conviction is technically a D Felony, but a plea bargain can reduce it to a misdemeanor as described in this paragraph. Misdemeanor Penalty for second offense within 5 years of VTL 1192-2, 3, or 4 conviction: Fine between $1000 and $2500, minimum of 5 days and max up to 1 year in jail or 30 days of community service, possible 3 years probation, mandatory NYS surcharge of $395 - $400, completion of treatment after a drug and alcohol evaluation with a certified agency, possible attendance at one session of a Victim Impact Panel, license revocation of 18 months, installation of Ignition Interlock Device for up to 3 years. (Drivers convicted for a second time within 5 years are not eligible for the Drinking Driver Program.)

(Note 4) A third A-DWI charge within 10 years of a previous DWI conviction is technically an E Felony, but a plea bargain can reduce it to a misdemeanor as described in this paragraph. Misdemeanor Penalty for third offense within 5 years of VTL 1192-2, 3, or 4 conviction: Penalties are the same as for a second offense, except the minimum jail time is 10 days, or 60 days community service, and you face a permanent license revocation.

Aggravated DWI (Leandra’s Law) - Driving with a BAC of .08 or more and a passenger of age 15 or younger (VTL 1192-2a(b))

What is Leandra’s Law? If you have a BAC of .08 or higher, or if you are intoxicated by drugs or alcohol, it is a felony to have a passenger age 15 or younger in the car.

First Offense:

E Felony

(Note 3)  Second Offense within 10 years:

E Felony

(Note 4)  Third Offense within 10 years: D Felony

 

(Note 5)  Penalty for first offense:

(Note 5)  Penalty for second offense within 10 years:

(Note 5)  Penalty for third offense within 10 years:

Fine:

$1,000 - $5,000

$1,000 - $5,000

$2,000 - $10,000

Surcharge:

$520

$520

$520

Incarceration:

Min. 5 days in jail or 30 days community service. Max. 1 1/3 – 4 years in state prison. Possible 5 years probation.

1 - 4 years in state prison. Possible 5 years probation.

1 - 7 years in state prison. Possible 5 years probation.

License:

1 year revocation.

18 month revocation.

Possible permanent license revocation by the DMV.

Victim Impact Panel:

Optional

Optional

Optional

Drinking Driver Program:

DDP required, or completion of treatment after a drug and alcohol evaluation with an OASAS-certified agency.

DDP required if prior conviction happened outside the 5-year look-back, or completion of treatment after a drug and alcohol evaluation with an OASAS-certified treatment provider.

DDP required if prior conviction happened outside the 5-year look-back, or completion of treatment after a drug and alcohol evaluation with an OASAS-certified treatment provider.

Ignition Interlock device:

1 year – 5 years.

18 months – 5 years.

18 months – 5 years.

(Note 5) The penalties for Leandra’s Law violations become even more serious if a child is injured or killed, up to a B Felony punishable by 25 years in state prison.

Zero Tolerance Law (Driver under 21 with .02 - .07 BAC)

First Offense

Second Offense within 5 years

Fine:

$125 civil penalty and $100 fee to terminate suspension

$125 civil penalty and $100 re-application fee

License:

Suspended for six months

Revoked for the greater of one year, or until you turn 21.

Chemical Test Refusals

 

 

Fine:

$500 civil penalty ($550 for commercial drivers) imposed by the DMV

$750 civil penalty imposed by the DMV

License:

Revoked for one year, 18 months for commercial drivers

Revoked for at least 18 months, one-year or until age 21 for drivers under age 21, permanent CDL revocation for commercial drivers.