New York (NY) DWI Sentencing Guidelines

New York Jail Time and Criminal Fine Guidelines For DWI

Driving While Intoxicated (DWI) is considered a serious crime in New York. In New York State, the penalties include the loss of driving privileges, stiff fines and in some circumstances, jail time.

There are numerous alchohol and druf related traffic violations in the State of New York.

Here's a quick review of the violations:

DWI in NY: Driving While Intoxicated; .08 BAC or higher or other evidence of intoxication.

Aggravated DWI in NY: Aggravated Driving While Intoxicated: .18 BAC or higher.

DWAI/Alcohol: Driving While Ability Impaired (by alcohol); .05 BAC to .07 BAC, or other evidence of impairment.

DWAI/Drug in NY: Driving While Ability Impaired by a single Drug other than alcohol.

DWAI/Combination in NY: Driving While Ability Impaired by a the Combined Influence or Drugs or Alcohol.

Refusing A Chemical Test(Breathalyzer or other test): A driver who refuses to take a chemical test (normally a test of breath, blood or urine) can receive a driver license revocation of at least one year (18 months for a commercial driver) and must pay a $500 civil penalty ($550 for a commercial driver) to apply for a new driver license. A driver who refuses a chemical test during the five years after a DWI-related charge or previous refusal will have their driver license taken away for at least 18 months (permanent for a commercial driver) and must pay a $750 civil penalty to apply for a new driver license. If you're under age 21, and refuse a chemical test during the five years after a DWI-related charge or previous refusal, you will have your driver license revoked for at least one year or until age 21, whichever is longer - And you have to pay a $750 civil penalty to apply for a new driver license.

NY Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law - see the New York State Zero Tolerance Law for more information.

If you're arrested for any of these violations, these are the potential fines and jail time you'll be facing.

AGGRAVATED DRIVING WHILE INTOXICATED
A-DWI (.18 and higher Blood Alcohol Content [BAC])

CONVICTION

FINE ONLY*

JAIL SENTENCE

LICENSE ACTION**

1st Offense
(Misdemeanor)

Minimum $1,000
Maximum $2,500

Up to 1 Year

Minimum 1-year revocation

2nd Offense
Within 5 years
(Class E Felony)

Minimum $1,000
Maximum $5,000

Up to 4 Years; minimum 5 days jail or 30 days of community service

Minimum 18-month revocation

3rd Offense or more
Within 10 years
(Class D Felony)

Minimum $2,000
Maximum $10,000

Up to 7 Years; minimum 10 days jail or 60 days of community service

Minimum 18-month revocation**

DRIVING WHILE INTOXICATED
DWI (.08 and higher Blood Alcohol Content [BAC] or other evidence of intoxication)
- OR -
DRIVING WHILE ABILITY IMPAIRED BY A DRUG
DWI-Drug

CONVICTION

FINE ONLY*

JAIL SENTENCE

LICENSE ACTION**

1st Offense
(Misdemeanor)

Minimum $500
Maximum $1,000

Up to 1 Year

Minimum 6-Month Revocation

2nd Offense
Within 10 years
(Class E Felony)

Minimum $1,000
Maximum $5,000

Up to 4 Years; minimum 5 days jail or 30 days of community service

Minimum 1-Year Revocation, plus ignition interlock and alcohol assessment

3rd Offense or more
Within 5 years
(Class D Felony)

Minimum $2,000
Maximum $10,000

Up to 7 Years; minimum 10 days jail or 60 days of community service

Minimum 1-Year Revocation, plus ignition interlock and alcohol assessment

2nd Offense
Within 10 years
(Class E Felony)

Minimum $1,000
Maximum $5,000

Up to 4 Years

Minimum 1-Year Revocation

3rd Offense or more
Within 10 years
(Class D Felony)

Minimum $2,000
Maximum $10,000

Up to 7 Years

Minimum 1-Year Revocation

DRIVING WHILE ABILITY IMPAIRED BY A COMBINATION OF ALCOHOL OR DRUGS
DWAI-Combination

CONVICTION

FINE ONLY*

JAIL SENTENCE

LICENSE ACTION**

1st Offense
(Misdemeanor)

Minimum $500
Maximum $1,000

Up to 1 Year

Minimum 6-Month Revocation

2nd Offense
Within 5 years
(E Felony)

Minimum $1,000
Maximum $5,000

Up to 4 Years

Minimum 1-Year Revocation

3rd Offense
Within 10 years
(D Felony)

Minimum $1,000
Maximum $5,000

Up to 7 Years

Minimum 18-Month Revocation**

DRIVING WHILE ABILITY IMPAIRED BY ALCOHOL
DWAI (more than .05 up to .07 Blood Alcohol Content [BAC])

CONVICTION

FINE ONLY*

JAIL SENTENCE

LICENSE ACTION**

1st Offense
(Traffic Infraction)

Minimum $300
Maximum $500

Up to 15 Days

90-Day Suspension

2nd Offense
Within 5 years
(Traffic Infraction)

Minimum $500
Maximum $750

Up to 30 Days

Minimum 6-Month Revocation

3rd Offense
Within 10 years
(Misdemeanor)

Minimum $750
Maximum $1,500

Up to 180 Days

Minimum 1-Year Revocation
if current violation occurred within 5 years of previous violation**

ZERO TOLERANCE
Drivers Under 21 (DMV administrative finding of .02 to .07 Blood Alcohol Content [BAC])

CIVIL PENALTY

LICENSE ACTION

ADDED FEE

1st Offense

Minimum $125

6-Month Suspension

$100 Suspension Termination Fee

2nd Offense

Minimum $125

1-Year Revocation or until age 21, whichever is longer

$100 Re-Application Fee

* Conviction fine only. Does not include mandatory conviction surcharge or crime victims assistance fee.

** For license revocations, the Department of Motor Vehicles determines when your license can be returned. Its return or reinstatement, based on state law or regulation, is not automatic. You must reapply for your license and may have to take a test. Three or more alcohol or drug-related offenses with 10 years can result in a permanent revocation, with a waiver request permitted after at least five years.

Mandatory Screening - If you are charged with or convicted of certain alcohol-related offenses, the courts will order alcohol screening and/or alcohol evaluation, prior to sentencing.

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