New York DWI & Distracted Driving Laws

New York DWI laws

Driving While Intoxicated (DWI) in New York is defined as having blood Alcohol Content (BAC) of .08 or other evidence of intoxication. If you're a commercial driver: .04 BAC or other evidence of intoxication.

First offense

The first DWI offense in New York is a misdemeanor. If convicted, you could face the following penalties:

• A fine between $500 to $1,000.
• Up to one year in jail.
• License revoked for at least six months.
• Installation of an ignition interlock during the period of license revocation or a minimum of 12 months, but the court may reduce the length of time.

Second offense

A second DWI offense within 10 years of the prior conviction is a class E felony. If convicted, you could face:

• A fine of $1,000 to $5,000.
• Up to four years in jail.
• License revoked for at least one year.
• Installation of an ignition interlock during the period of license revocation or a minimum of 12 months, but the court may reduce the length of time.

Third and subsequent offenses

A third and subsequent offenses within 10 years of prior conviction is a class D felony. If convicted, you could get:

• A fine between $2,000 and $10,000.
• Up to seven years in jail.
• License revoked for at least one year.
• Installation of an ignition interlock during the period of license revocation or a minimum of 12 months, but the court may reduce the length of time.

Aggravated Driving While Intoxicated (Aggravated DWI) is defined as:

BAC is .18 or higher. If convicted of Aggravated DWI, you can face more severe penalties than a DWI conviction.

First offense

The first offense is a misdemeanor in New York. If convicted, you could get:

• A fine between $1,000 to $2,500.
• Up to one year in jail.
• License revoked for at least one year.
• Installation of an ignition interlock during the period of license revocation or a minimum of 12 months, buy the court may reduce the length of time.

Second offense

A second offense within 10 years of prior conviction is a class E felony. If convicted, you could get:

• A fine between $1,000 to $5,000.
• Up to four years in jail.
• License revoked for at least 18 months.
• Installation of an ignition interlock during the period of license revocation or a minimum of 12 months, but the court may reduce the length of time.

Third offense

A third and subsequent offenses within 10 years of prior conviction is a class D felony. If convicted, you could face:

• A fine between $2,000 to $10,000.
• Up to seven years in jail.
• License revoked for at least 18 months.
• Installation of an ignition interlock during the period of license revocation or a minimum of 12 months, but the court may reduce the length of time.

Driving While Impaired by Alcohol (DWAI/Alchohol) in New York is defined as:

More than .05 BAC but less than .07 BAC or other evidence of impairment.

First offense

The first offense is a traffic infraction in New York. If convicted, you could get:

• A fine between $300 to $500.
• Up to 15 days in jail.
• License suspended for at least 90 days.
• Installation of an ignition interlock during the period of license revocation or a minimum of 12 months, but the court may reduce the length of time.

Second offense

The second offense within five years of a prior conviction is a traffic infraction. If convicted, you could get:

• A fine between $500 to $750.
• Up to 30 days in jail.
• License revoked for at least six months.
• Installation of an ignition interlock during the period of license revocation or a minimum of 12 months, but the court may reduce the length of time.

Third and subsequent offense

The third and subsequent offenses within 10 years is a misdemeanor. If convicted, you may face:

• A fine between $750 to $1,000.
• Up to 180 days in jail.
• License revoked for at least six months.
• Installation of an ignition interlock during the period of license revocation or a minimum of 12 months, but the court may reduce the length of time.

Driving While Ability Impaired by a Single Drug other than Alcohol (DWAI/Drug) in New York

First offense

The first offense is a traffic infraction. If convicted, you could face:

• A fine between $500 to $1,000.
• Up to one year in jail.
• License suspended for at least six months.
• Installation of an ignition interlock during the period of license revocation or a minimum of 12 months, but the court may reduce the length of time.

Second offense

The second offense within 10 years of a prior conviction is a class E felony. If convicted, you could face:

• A fine between $1,000 to $5,000.
• Up to four years in jail.
• License revoked for at least one year.
• Installation of an ignition interlock during the period of license revocation or a minimum of 12 months, although the court may reduce the length of time.

Third and subsequent offenses

The third offense and subsequent offenses within 10 years of a prior conviction is a class D felony. If convicted, you could face:

• A fine between $2,000 to $10,000.
• Up to seven years in jail.
• License revoked for at least one year.
• Installation of an ignition interlock during the period of license revocation or a minimum of 12 months, although the court may reduce the length of time.

Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol (DWAI/Combination) in New York

First offense

The first offense is a traffic violation. If convicted, you could face the following penalties:

• A fine between $500 to $1,000.
• Up to one year in jail.
• License revoked for at least six months.
• Installation of an ignition interlock during the period of license revocation or a minimum of 12 months, although the court may reduce the length of time.

Second offense

The second offense within 10 years is a class E felony. If convicted, you could face:

• A fine between $1,000 to $5,000.
• Up to four years in jail.
• License revoked for at least one year.
• Installation of an ignition interlock during the period of license revocation or a minimum of 12 months, although the court may reduce the length of time.

Third and subsequent offense

The third and subsequent offenses within 10 years is a class D felony. If convicted, you could get:

• A fine between $2,000 to $10,000.
• Up to seven years in jail.
• License revoked for at least one year.
• Installation of an ignition interlock during the period of license revocation or a minimum of 12 months, although the court may reduce the length of time.

Chemical test refusal in New York

A chemical test is typically a test of breath, blood or urine. Refusal to submit to a chemical test in New York could result in the following penalties:

First offense

• $500 civil penalty ($550 for commercial drivers).
• License revoked for at least one year (18 months for commercial drivers).

Second offense

If you refuse a chemical test within five years of a previous DWI-related charge or chemical test refusal, you could face:

• $750 civil penalty.
• License revoked for at least 18 months; one year or until age 21 for drivers under age 21; permanent CDL revocation for commercial drivers.

Zero Tolerance Law in New York

A driver who is under age 21 and drives with a BAC of .02 to .07 violates the zero-tolerance law.

First offense

• $125 civil penalty.
• $100 fee to terminate suspension.
• License suspended for six months.
• Installation of an ignition interlock during the period of license revocation or a minimum of 12 months, although the court may reduce the length of time.

Second offense

• $125 civil penalty.
• $100 fee to terminate suspension.
• License suspended for one year or until age 21.
• Installation of an ignition interlock during the period of license revocation or a minimum of 12 months, although the court may reduce the length of time.

Chemical test refusal and zero tolerance law

If you refuse to take the chemical test and you're under 21, you could face the following penalties:

First offense

• $300 civil penalty.
• $100 fee re-application fee.
• License revoked for at least one year.

Second or subsequent offenses

• $750 civil penalty.
• $100 re-application fee.
• License revoked for at least one year.

Additional DWI related penalties

• If you have multiple drug or alcohol violations over a 25-year period, greater penalties than the above could apply.
• Three or more drug and/or alcohol related convictions or refusals over a 10-year period could result in a permanent license revocation. A waiver request would not be permitted until after at least five years.

DWI penalty sources: New York State Department of Motor Vehicles and the National Conference of State Legislatures

Distracted driving laws in New York

Posted Feb. 13, 2019