A first DWI in New York is generally classified as 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
Ignition interlock: Required — Leandra's Law: ignition interlock mandatory for EVERY misdemeanor-or-higher DWI conviction (≥12 months) — DWAI infractions excluded.
Alternative disposition: DWAI plea-down is the standard first-offense outcome for marginal BACs; Impaired Driver Program enables the conditional license.
Any DWI/DWAI with a child ≤15 in the vehicle = automatic Class E FELONY (Leandra's Law), even first offense.
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.
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