Possible Penalties for DWI in New York

Possible Penalties for Drunk Driving in New York State Under New York State Law a driver could face a myriad of serious consequences if charged with driving while intoxicated (DWI or DUI) or driving while ability impaired (DWAI). Without the benefit of a lawyer experienced in all possible ramifications of an arrest and/or a conviction for DWI/DUI or DWAI who is also experienced at trial or in plea negotiations, even a first arrest for DWI/DUI can result in a lengthy suspension of a driver's license or a revocation and, in some cases, even jail time.

The following is a list of possible penalties, including jail, fines and license suspensions for DWAI, DUI and DWAI in Westchester County, New York City and the surrounding counties:

.18 BAC or Greater

• 1st Offense
  • Offense type: misdemeanor
  • Charges/Fine: Minimum $1,000 Maximum $2,500
  • Jail Time Up to 1 Year
  • Effect on License: Minimum 1-Year Revocation


• 2nd Offense Within 10 years Class E felony
  • Charges/Fine: Minimum $1,000 Maximum $5,000
  • Jail Time Up to 1 1/3rd - 4 years
  • Effect on License: Minimum 18-Month Revocation


• 3rd Offense Within 10 years Class D felony
  • Charges/Fine: Minimum $1,000 Maximum $5,000
  • Jail Time Up to 2 1/3rd - 7 years
  • Effect on License: Minimum 18-Month Revocation

Between .05 and .07 BAC or Other Police Evidence

• 1st Offense
  • Offense type: traffic infraction
  • Charges/Fine: Minimum $300 Maximum $500
  • Jail Time Up to 15 Days
  • Effect on License: 90-Day Suspension


• 2nd Offense Within 5 years
  • Offense type: traffic infraction
  • Charges/Fine: Minimum $500 Maximum $750
  • Jail Time Up to 30 Days
  • Effect on License: Minimum 6-Month Revocation


• 3rd Offense Within 10 years
  • Offense type: misdemeanor
  • Charges/Fine: Minimum $750 Maximum $1,500
  • Jail Time Up to 180 Days
  • Effect on License: Minimum 6-Month Revocation (if current violation occurred within 5 years of previous violation)

.08 BAC or Greater or Other Police Evidence