New York DWI Laws & Penalties
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NY has a three-name ladder: DWAI (0.05–0.07, a traffic INFRACTION, not a crime), DWI (0.08+), and Aggravated DWI (0.18+). Pages must explain DWAI — it's a common plea-down and unique to a handful of states.
Overview
- Legal BAC limit: 0.08% (commercial 0.04%, under-21 0.02%, enhanced at 0.18%).
- Lookback period: 10 years. Prior § 1192 conviction within 10 years elevates DWI to a felony (Class E for 2nd, Class D for 3rd). DWAI repeat windows use 5 years.
- Primary statute: N.Y. Veh. & Traf. Law § 1192; penalties § 1193
0.18+ = Aggravated DWI (§ 1192(2-a)). 0.05–0.07 = DWAI infraction. Under-21: Zero Tolerance (0.02–0.07) handled civilly through DMV.
Penalties by offense
| Offense | Classification | Jail | Fine | License suspension | Interlock |
|---|---|---|---|---|---|
| First offense | DWAI: traffic infraction · DWI: misdemeanor · Aggravated DWI: misdemeanor | none – DWAI: 15 days · DWI/Agg: 1 year | $300–$2,500 (DWAI $300–500 · DWI $500–1,000 · Aggravated $1,000–2,500; plus mandatory surcharges and the separate $250/yr × 3 DMV driver responsibility assessment) | DWAI: 90-day suspension · DWI: 6-month revocation – Aggravated: 1-year revocation; hardship: conditional license via the Impaired Driver Program (IDP) for most first offenders | Required |
| Second offense | Class E felony (2nd DWI within 10 years) | none mandatory (5 days jail or 30 days service if within 5 years) – 4 years; mandatory min conditional | $1,000–$5,000 (plus surcharges/assessment) | 1-year revocation – 1 year+ (18 months for repeat Aggravated); hardship: conditional license possible after IDP eligibility rules; harder on repeat | Required |
| Third offense | Class D felony (3rd DWI within 10 years) | 10 days jail or 60 days service (within 5 years) – 7 years; mandatory min conditional | $2,000–$10,000 (plus surcharges/assessment) | 1-year revocation minimum; DMV lifetime-review rules can deny relicensing for persistent offenders (3+ in 25 years w/ serious offense) – effectively permanent under DMV regulations; hardship: narrow | Required |
First offense
- Classification: DWAI: traffic infraction · DWI: misdemeanor · Aggravated DWI: misdemeanor
- Jail: none – DWAI: 15 days · DWI/Agg: 1 year
- Fine: $300–$2,500 (DWAI $300–500 · DWI $500–1,000 · Aggravated $1,000–2,500; plus mandatory surcharges and the separate $250/yr × 3 DMV driver responsibility assessment)
- License suspension: DWAI: 90-day suspension · DWI: 6-month revocation – Aggravated: 1-year revocation; hardship: conditional license via the Impaired Driver Program (IDP) for most first offenders
- Alternative disposition: DWAI plea-down is the standard first-offense outcome for marginal BACs; Impaired Driver Program enables the conditional license.
- Interlock: Leandra's Law: ignition interlock mandatory for EVERY misdemeanor-or-higher DWI conviction (≥12 months) — DWAI infractions excluded.
- Any DWI/DWAI with a child ≤15 in the vehicle = automatic Class E FELONY (Leandra's Law), even first offense.
Second offense
- Classification: Class E felony (2nd DWI within 10 years)
- Jail: none mandatory (5 days jail or 30 days service if within 5 years) – 4 years; mandatory min conditional
- Fine: $1,000–$5,000 (plus surcharges/assessment)
- License suspension: 1-year revocation – 1 year+ (18 months for repeat Aggravated); hardship: conditional license possible after IDP eligibility rules; harder on repeat
Third offense
- Classification: Class D felony (3rd DWI within 10 years)
- Jail: 10 days jail or 60 days service (within 5 years) – 7 years; mandatory min conditional
- Fine: $2,000–$10,000 (plus surcharges/assessment)
- License suspension: 1-year revocation minimum; DMV lifetime-review rules can deny relicensing for persistent offenders (3+ in 25 years w/ serious offense) – effectively permanent under DMV regulations; hardship: narrow
- DMV's 2012 relicensing regulations (25-year record review) are a distinctive NY trap — verify current rule at page QC.
Refusing a chemical test (implied consent)
Civil DMV revocation of at least 1 year PLUS $500 civil penalty (18 months / $750 for repeat refusal or commercial). Separate DMV refusal hearing; refusal admissible at trial.
Statute: N.Y. Veh. & Traf. Law § 1194
Ignition interlock
Leandra's Law (2009): IID mandatory ≥12 months for every misdemeanor+ DWI conviction; child-passenger DWI = automatic felony; monitored via county programs.
Statute: VTL §§ 1192(2-a)(b), 1198
Frequently asked questions
What is the penalty for a first DWI in New York?
A first DWI in New York is a DWAI: traffic infraction · DWI: misdemeanor · Aggravated DWI: misdemeanor. Jail: none – DWAI: 15 days · DWI/Agg: 1 year. Fine: $300–$2,500 (DWAI $300–500 · DWI $500–1,000 · Aggravated $1,000–2,500; plus mandatory surcharges and the separate $250/yr × 3 DMV driver responsibility assessment). License suspension: DWAI: 90-day suspension · DWI: 6-month revocation – Aggravated: 1-year revocation; hardship: conditional license via the Impaired Driver Program (IDP) for most first offenders.
What is the legal BAC limit in New York?
0.08% for most drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21.
How long does New York look back at prior DWI offenses?
10 years. Prior § 1192 conviction within 10 years elevates DWI to a felony (Class E for 2nd, Class D for 3rd). DWAI repeat windows use 5 years.