Penalties for Driving While Intoxicated in New York

New York law prohibits driving while intoxicated. Intoxication can result from impairment by alcohol, drugs, or a combination of drugs and alcohol. Impairment can be caused both by legal prescription or over-the-counter drugs as well as by illegal narcotics. Driving while impaired can lead to several penalties, including fines, driver’s license suspension or revocation, and jail time. The severity of the penalty depends upon the driver’s level of impairment as well as other factors. Below, our seasoned New York driving offense attorney discusses the penalties for Driving While Intoxicated (DWI), Driving While Ability Impaired (DWAI), and other driving violations in New York.

Driving While Intoxicated or Impaired

As we’ve previously discussed, New York law separates out various forms of intoxication in defining driving offenses. These offenses include:

• Driving While Intoxicated (DWI): Driving with a blood-alcohol content (BAC) of at least 0.08% (0.04% for commercial drivers), or other evidence of intoxication.
• Driving While Ability Impaired by Alcohol (DWAI/Alcohol): Driving with a BAC of between 0.05% and 0.07%, or other evidence of impairment.
• Aggravated Driving While Intoxicated (Aggravated DWI): Driving with a BAC of at least 0.18%.
• Driving While Ability Impaired by a Single Drug other than Alcohol (DWAI/Drug)
• Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol (DWAI/Combination)

The penalties for each offense vary based primarily upon whether it is the defendant’s first conviction for a driving-related offense:

• DWI
  • First DWI: $500-$1,000 in fines, up to a year in jail, and license revocation for at least six months
  • Second DWI in 10 years: E felony. $1,000-$5,000 in fines, up to four years in jail, and license revocation for at least a year
  • Third DWI in 10 years: D felony. $2,000-$10,000 in fines, up to seven years in jail, and license revocation for at least a year
• DWAI (Alcohol):
  • First DWAI: $300-$500 in fines, up to 15 days in jail, and license suspension for 90 days
  • Second DWI in Five years: $500-$700 in fines, up to 30 days in jail, and license revocation for at least six months
  • Third DWI in 10 years: Misdemeanor. $750-$1,500 in fines, up to 180 days in jail, and license revocation for at least six months
• DWAI (Drugs or Combination):
  • First DWAI: $500-$100 in fines, up to a year in jail, and license revocation for at least six months
  • Second DWAI in 10 years: E felony. $1,000-$5,000 in fines, up to four years in jail, and license revocation for at least a year
  • Third DWAI in 10 years: D felony. $2,000-$10,000 in fines, up to seven years in jail, and license revocation for at least a year
• Aggravated DWI:
  • First Aggravated DWI: $1,000-$2.500 in fines, up to a year in jail, and license revocation for at least one year
  • Second Aggravated DWI in 10 years: E felony. $1,000-$5,000 in fines, up to four years in jail, and license revocation for at least 18 months
  • Third Aggravated DWI in 10 years: D felony. $2,000-$10,000 in fines, up to seven years in jail, and license revocation for at least 18 months

Refusing the BAC Test

In New York, refusing a chemical test after being pulled over or detained for a driving violation is its own violation. Drivers who refuse chemical tests are subject to the following penalties:

• Chemical test refusal for the first time is punishable by a $500 civil penalty as well as revocation of a driver’s license for at least one year. Commercial drivers face heavier penalties.

• Chemical test refusal within five years of a prior refusal or DWI-related charge is punishable by a $750 fine as well as license revocation for at least 18 months. Drivers under the age of 21 can lose their license for a year or until age 21, and commercial drivers can lose their commercial license permanently.

• Chemical test refusal in connection with a zero tolerance law violation is punishable by a $300 civil penalty for a first offense, or a $750 penalty for multiple offenses, plus a $100 re-application fee and driver’s license revocation for at least a year.

Underage DWI: Zero Tolerance

New York’s Zero Tolerance Law applies to drivers below the age of 21. Minors under the age of 21 can be convicted of a Zero Tolerance violation for operating a motor vehicle with a BAC of between 0.02% and 0.07%.

For a first Zero Tolerance Law violation, a driver can be hit with a $125 civil penalty, a $100 re-application fee, and a license suspension for six months. For a second violation, a driver may face the same penalty and fee as well as license revocation for a year or until their 21st birthday.

Call for Experienced Legal Help Fighting Your New York DWI/DWAI Arrest

If you have been arrested for DWI, DWAI, or other serious criminal offenses in New York, call Dupée & Monroe, P.C., to get help from a zealous criminal defense lawyer. From our offices in Goshen, we represent clients charged with all manner of criminal offenses in Orange County and throughout the Hudson Valley.