New York DWI Laws
New York is home to some of the toughest DWI penalties in the nation. For example, a newly enacted law makes it a felony to drink and drive with a person under the age of 16 in the car. Punishment for the first offense could include up to four years in prison, up to 15 years if a child is injured and up to 25 years if a child is killed. If you have been arrested for a DUI crime in New York, it is important to have a strategic and aggressive lawyer on your side.
If you were arrested, you may have been charged with one or more of the following DWI crimes:
- Driving while intoxicated (more than .08 blood alcohol content)
- Driving while ability impaired (more than .05 to .07 BAC)
- Driving while ability impaired by a drug that is not alcohol
- Driving while impaired by combined drug and alcohol
- Aggravated driving while intoxicated (.18 and higher BAC)
- Chemical test refusal
- Zero tolerance
The penalties will vary based on the charges and facts of each case but can include loss of your driver's license, impound and forfeiture of your car, mandatory ignition interlock device, court ordered alcohol treatment, the mandatory completion of the Drinker Driving Program (DDP), fines, increased car insurance premiums and possibly jail time. To get the most up-to-date information about New York DUI laws and how they might apply in your case, speak to a DUI lawyer.
Skilled DUI attorneys know how to expose any flaws in the prosecution's evidence (such as witness mistakes and actions that may have violated your legal rights). They also know how to find evidence that speaks to your sobriety. With so much at stake, it is important to have an attorney experienced in defending DWI charges in New York. If you or someone you know has been charged with DWI, contact an attorney right away.
New York DUI/DWI Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
New York BAC laws may differ from those of other states, as follows.
| New York BAC Laws | |
| DWI Per Se Violation | BAC of .08 to .179 |
| Aggravated DWI | .18 or higher |
| "Zero Tolerance" (BAC for someone under 21) | .02 or higher |
| Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
|
Administrative License Suspension
Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.
Time to file for appeal: You may be able to request a hearing at the DMV to appeal your license suspension, but the time limit for doing so is usually very short (within seven to 15 days after DUI/DWI citation).
| DUI/DWI Arrest | |
| 1st Offense - Per Se Violation (.08 or higher) | 6-month license suspension |
| 1st and Subsequent Offenses | Aggravated DWI 1-year license suspension |
| Subsequent Offenses | 1-year license suspension |
| "Zero Tolerance" (BAC for Someone Under 21) | 6-month to 1-year license suspension, depending on prior convictions |
| Administrative Hearing | Yes |
| Limited Privileges Possible | Yes |
| Refusal to Submit to BAC Test | |
| 1st Offense | 1-year license suspension |
| Subsequent Offenses | 18-month license suspension |
| "Zero Tolerance" (BAC for someone under 21) | 1-year license suspension |
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI/DWI Offense - DWI Per Se Violation (.08 to .179) | |
| License Suspension | At least 6 months (may have conditional license) |
| Prison Term and Community Service | Up to 1 year in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $500 to 1,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Second DUI/DWI Offense - DWI Per Se Violation (.08 to .179) (within 10 years of 1st offense) | |
| License Suspension | At least 1 year (may have conditional license) |
| Prison Term and Community Service | Up to 4 years in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $1,000 to $5,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Third DUI/DWI Offense - DWI Per Se Violation (.08 to .179) (within 10 years of 1st offense) | |
| License Suspension | At least 1 year (may have conditional license) |
| Prison Term and Community Service | Up to 7 years in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $2,000 to $10,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| First Aggravated DWI (.18 or higher) | |
| License Suspension | At least 1 year (may have conditional license) |
| Prison Term and Community Service | Up to 1 year in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $1,000 to $2,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Second Aggravated DWI (.18 or higher) | |
| License Suspension | At least 18 months (may have conditional license) |
| Prison Term and Community Service | Up to 4 years in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $1,000 to $5,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Third Aggravated DWI (.18 or higher) | |
| License Suspension | At least 18 months (may have conditional license) |
| Prison Term and Community Service | Up to 7 years in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $2,000 to $10,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Aggravating Factors that Can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving While Under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, New York Department of Motor Vehicles