NYC DWI Sentencing 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 DMV