New York DUI Penalties | Consequences of Drunk Driving in New York : Jail Time, Fines, License Suspension

 

First Offense Driving while Ability Impaired by Alcohol ("DWAI" - BAC .05% - .07%):

  • Imprisonment: Up to 15 days
  • Fines: $300 - $500
  • Driver's License Suspension: 90 days (Under 21: Minimum 1 year Revocation)

First Offense Driving While Intoxicated (DWI .08 BAC or Higher), Driving While Impaired by Drug (DWAI-DRUG), Driving While Impaired by Combined Alcohol and Drug (DWAI-Combination):

  • Imprisonment: Up to 1 year
  • Fines: $500 - $1,000
  • Driver's License Revocation: Minimum 6 months (Under 21:Minimum 1 year revocation)

First Offense Aggravated Driving While Intoxicated - BAC .18% and Higher:

  • Imprisonment: Up to 1 year
  • Fines: $1,000 - $2,500
  • Driver's License Revocation: Minimum 1 year revocation (Under 21: Minimum 1 year revocation)

 

Second Offense Driving while Ability Impaired by Alcohol ("DWAI" - BAC .05% - .07%) within 5 years:

  • Imprisonment: Up to 30 days
  • Fines: $500 - $750
  • Driver's License Revocation: Minimum 6 months (Under 21: Minimum 1 year Revocation or until age 21, whichever is longer)

Second Offense Driving While Intoxicated (DWI .08 BAC or Higher), Driving While Impaired by Drug (DWAI-DRUG), Driving While Impaired by Combined Alcohol and Drug (DWAI-Combination):

  • Class E Felony
  • Imprisonment: Up to 4 years. Minimum 5 days jail or 30 days community service if within 5 years of first offense.
  • Fines: $1,000 - $5,000
  • Driver's License Revocation: Minimum 6 months (Under 21: 1 year revocation or until age 21, whichever is longer)

Second Offense Aggravated Driving While Intoxicated - BAC .18% and Higher:

  • Class E Felony
  • Imprisonment: Up to 4 years. Minimum 5 days jail or 30 days community service if within 5 years of first offense.
  • Fines: $1,000 - $5,000
  • Driver's License Revocation: Minimum 18 month revocation (Under 21: Minimum 18 month revocation or until age 21, whichever is longer)

 

Third Offense Driving while Ability Impaired by Alcohol ("DWAI" - BAC .05% - .07%) within 10 years:

  • Imprisonment: Up to 180 days
  • Fines: $750 - $1500
  • Driver's License Revocation: Minimum 6 months (Under 21: Minimum 1 year Revocation or until age 21, whichever is longer)

Third Offense Driving While Intoxicated (DWI .08 BAC or Higher), Driving While Impaired by Drug (DWAI-DRUG), Driving While Impaired by Combined Alcohol and Drug (DWAI-Combination):

  • Class D Felony
  • Imprisonment: Up to 7 years. Minimum 10 days jail or 60 days community service if within 5 years of first offense.
  • Fines: $2,000 - $10,000
  • Driver's License Revocation: Minimum 1 year (Under 21: 1 year revocation or until age 21, whichever is longer)

Third Offense Aggravated Driving While Intoxicated - BAC .18% and Higher:

  • Class D Felony
  • Imprisonment: Up to 7 years. Minimum 10 days jail or 60 days community service if within 5 years of first offense.
  • Fines: $2,000 - $10,000
  • Driver's License Revocation: Minimum 18 months (Under 21: 18 month revocation or until age 21, whichever is longer)

New York DUI Laws - Relevant Statutes

Laws of New York 

The skilled New York DUI lawyers on this site can help you with all aspects of your drunk driving arrest including: further information on DUI penalties, fines, and consequences, administrative driver's license suspension or revocation, Under 21 DUI Drunk Driving and Zero Tolerance Laws, SR-22 insurance, DUI School, Mothers Against Drunk Driving (MADD) Victim Impact Panels, how to beat a DUI, Ignition Interlock Devices, SCRAM Continuous Alcohol Monitoring Device, DUI Expungement, DUI Diversion, Community Service, and all other issues surrounding your New York Drunk Driving DUI Arrest.
New York DUI Attorneys can help fight for your Rights following a DUI arrest in Albany, Buffalo, Cheektowaga, Cicero, Long Island, New York City, Rochester, Syracuse, Yonkers, or anywhere else in New York.