What Happens When You Get a DWI in NYC [With Penalty Guideline Chart]
Drunk driving is a serious crime in New York State, and we have some of the more strict DWI laws in the country. A DWI/DWAI conviction can result in the revocation of your license, driving restrictions like an interlock device, a criminal record, steep fines, or incarceration.
DWI vs. DWAI vs. DUI: What’s the Difference in NYC? NYC Drunk Driving Laws Explained
While these charges may sound and seem similar, there are key differences between them. Click here for a more in-depth explanation, but below is a quick primer.
A note that DUI (driving under the influence) is not the name of the crime in New York, but many laypeople still refer to DWI as DUI.
Driving While Intoxicated (DWI): .08 Blood Alcohol Content (BAC) or higher, or other evidence of intoxication. For drivers of commercial motor vehicles: .04 BAC or other evidence of intoxication. This is what people most commonly refer to when they talk about DWI (or DUI, which is the incorrect term in New York State but is still widely used as shorthand for a drunk driving offense).
Aggravated Driving While Intoxicated (Aggravated DWI/A-DWI): This is when you have a BAC of .18 or higher, and results in more serious penalties
Driving While Ability Impaired by Alcohol (DWAI/Alcohol): DWAI/Alcohol is for cases with more than .05 BAC but less than .07 BAC, or other evidence of impairment.
There are also other DWAI charges: Driving While Ability Impaired by a Single Drug other than Alcohol (DWAI/Drug).
Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol (DWAI/Combination).
Chemical Test Refusal: When a driver refuses to take a chemical test, like a breathalyzer. In some cases, like when another person was injured or killed in the incident, the court may issue a warrant to test your BAC and you’re not able to refuse.
New York Zero Tolerance Law for Drunk Driving: For people under 21 years of age and who drive with a .02 BAC to .07 BAC.
Leandra’s Law: If there is a child under 16 in the vehicle at the time of a drunk driving arrest, you may be charged with a Class E Felony under Leandra’s Law.
What is the penalty for drunk driving in NYC?
The penalties for drunk driving in NYC depend on the charges, your criminal history, and how aggressively your attorney negotiates for you in the plea agreement or settlement. If going to trial, you’ll want an attorney who’s experienced in trial law for DUI cases. As a former NYC prosecutor, Brendan Tracy has built cases from the ground up, conducting long-term and short-term investigations, grand jury presentations, evidentiary hearings, and trials. The relationships he has built with prosecutors, judges and court staff in both Manhattan and Staten Island help him to fight for and achieve the best outcome possible for his clients in DUI/DWI cases.
Most drunk driving charges in NYC result in some sort of license revocation and/or requirement of an ignition interlock device in your vehicle, and a fine.
NYC DWI Penalty Guideline Chart
| Violation | Mandatory Fine | Maximum Jail Term | Mandatory Driver License Action |
|---|---|---|---|
| Aggravated Driving While Intoxicated (BAC over .18) | $1,000 - $2,500 | 1 year | Revoked for at least 1 year |
| Driving While Intoxicated - DWI (BAC over .08) or Driving While Impaired by a Drug (DWAI-Drug) | $500 - $1,000 | 1 year | Revoked for at least six months |
| Driving While Ability Impaired by Alcohol - DWAI (BAC between .05-.07) | $300 - $500 | 15 days | Suspended for 90 days |
| Zero Tolerance Law - BAC between .02 -. 07 for drivers under 21 | $125 civil penalty and $100 fee to terminate suspension | None | Suspended for six months |
| Chemical Test Refusal | $500 civil penalty ($550 for commercial drivers) | None | Revoked for at least one year, 18 months for commercial drivers. |
| Chemical Test Refusal -Zero Tolerance Law | $300 civil penalty and $100 re-application fee | None | Revoked for at least one year. |
| Driving Under the Influence (Out-of-State) | N/A | N/A | Revoked for at least 90 days. If less than 21 years of age, revoked at least one year. |
| Driving Under the Influence (Out-of State) with any previous alcohol-drug violation | N/A | N/A | Revoked for at least 90 days (longer term with certain prior offenses). If less than 21 years of age, revoked at least one year or until age 21 (longest term). |
| *Second and Third Offenses of the same charge or a combination of DWI/DWAI charges can result in Class E or D Felony Charges | |||
Source: NYS Department of Motor Vehicles
Is there jail time for a DWI in New York City?
Whether or not you’ll be sentenced to jail time depends on a number of factors.
What are the charges?
Is this your first offense?
Were other people injured or killed in the crash?
Are there other charges involved beyond the DWI, like reckless driving, drug possession, etc?
It’s essential to have an experienced attorney in these cases, because it’s their job to negotiate the best possible deal for you. Get in touch with us here for a free consultation.
What is the penalty for a second DWI in NYC?
Subsequent offenses carry higher penalties in New York City. An experienced attorney can negotiate to get you the best possible outcome. For example, if you’re a driver with an otherwise clean record and no other criminal history, your attorney may be able to help you avoid jail time or felony charges on 2nd or 3rd offenses.
For DWI (.08 BAC or higher OR other evidence of impairment), penalties can include:
1st DWI: fine of up to $1,000; jail time of up to 1 year; license revocation of at least 6 months.
2nd DWI within 10 years - Class E felony: fine of up to $5,000; jail time of up to 4 years; license revocation of at least 1 year.
3rd or more DWI within 10 years - Class D felony: fine of up to $10,000; jail time of up to 7 years; license revocation of at least 1 year.
If you have a combination of charges (for example, a past A-DWI but the current one is DWAI/Alcohol), you’ll need an experienced attorney to deftly negotiate on your behalf, since the sentencing guidelines can be complicated.