What Are the Possible Penalties for DWI in New York?

By now, everyone should know that the consequences of being arrested and convicted of drinking and driving are much more serious than they once were; however, you may not know exactly how harsh the possible penalties for DWI in New York are. Driving while intoxicated carries with it a number of judicial and non-judicial penalties that will likely have a significant impact on your life should you be convicted of the offense or a similar offense. Only an experienced New York criminal defense attorney can provide you with the specific penalties you face in your situation; however, the following are some general guidelines for penalties associated with alcohol related driving offenses in New York.

Driving while intoxicated or driving while impaired by a drug (DWI or DWAI-Drug) – First offense

• Up to one year in jail
• License suspension or revocation for minimum of 6 months
• $500-$1,000 fine

Aggravated DWI – First offense

• Up to one year in jail
• License suspension for at least one year
• $1,000 - $2,500 fine

DWI – Second offense

• Felony offense
• Up to 4 years in jail/prison
• License revocation for at least one year
• $1,000 - $5,000 fine

DWI – Third offense

• Up to 7 years in prison
• License revocation of at least one year
• $2,000 - $10,000 fine

Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination) – First offense

• Up to one year in jail
• License suspension or revocation for minimum of 6 months
• $500-$1,000 fine

Driving While Ability Impaired by Alcohol (DWAI) – First offense

• Up to 15 days in jail
• License revoked for up to 90 days
• $300 - $500 fine

Zero Tolerance violation – First offense

• No jail time
• License suspended for 6 months
• $125 fine, plus cost of terminating suspension

Refusing Chemical Test – First Offense

• No jail time
• License revocation of at least one year
• $500 civil penalty

In addition to these basic penalties, you could face additional punishment if a variety of aggravating factors are present, such as:

• Previous alcohol or drug related driving offense(s)
• High BAC result
• Presence of minors in the vehicle
• Collision
• Holding a commercial driver's license
• Being under the legal drinking age

If you have been charged with DWI or another alcohol or drug related driving offense in the State of New York, consult with an experienced criminal defense attorney right away to discuss your legal options and to get started on your defense.