New York DUI / DWI Lawyers

New York DUI/DWI Laws, Penalties and Fines

New York has some of the toughest laws in the United States—especially when it comes to driving under the influence (DUI). From fines of $500 or more to a mandatory license suspension and even time behind bars, the penalties for drunk driving can be quite severe. What’s more, as a serious criminal offense, a DUI conviction can affect far more than you may realize. If you were recently arrested for driving under the influence, here’s what you need to know about New York DUI consequences.

Although a first DUI conviction is considered a misdemeanor offense under New York law, it carries several hefty penalties nonetheless. In addition to paying up to $1,000 in fines, your driver’s license may be revoked for six months or more and you could spend as much as a year behind bars.

What are the penalties for a DUI/DWI in New York?

1st Offense 2nd Offense 3rd Offense
Jail Up to 1 year Up to 4 years Up to 7 years
Fines and Penalties $500 to $1,000 $1,000 to $5,000 $2,000 to $10,000
License Suspension Min. 6 months Min. 1 year Min. 1 year
IID** Required No Yes Yes

First Offense DWI/DUI in New York

First offense DWI/DUI for a BAC of .08% and higher (up to.18%) carries administrative license suspension of a minimum of six months (one-year for drivers under 21 or with BAC over .18). Refusals to submit under New York’s Implied Consent Laws results in automatic license suspension of one year for first offenders. Reinstatement of license requires payment of reinstatement fees, completion of alcohol assessment/treatment, and if applicable, installation of an ignition interlock device.

Drivers charged with a first offense DWI/DUI in New York face no minimum incarceration required, but do have the potential of being sentenced to incarceration for up to one year pending the case-specific nature of their case. All DWI/DUI convictions, including first offenses, require use of ignition interlock device in New York. Fines for a first time offense range from $500 to $1000 (or between $1,000 and $2500 if BAC is over .18). Convictions of DWI/DUI can influence future DWI/DUI arrests, and the subsequent charges and sentences, for a period of five (5) years.

Second Offense DWI/DUI in New York

  • The state of New York has multiple offense classifications for impaired drivers. These include:
    • 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
    • Aggravated Driving While Intoxicated (Aggravated DWI): .18 BAC or higher
    • Driving While Ability Impaired by Alcohol (DWAI/Alcohol): more than .05 BAC but less than .07 BAC, or other evidence of impairment
    • 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)
  • A second A-DWI or DWI/DWAI-Drug violation in 10 years (E felony) will result in a $1,000 - $5,000 fine, a a minimum of days and a maximum jail sentence of 4 years and a license revocation of at least 18 months or one year (DWI/DWAI)
  • A second DWAI violation in 5 years will result in a $500 - $750 fine, a maximum sentence of 30 days and a license revocation for at least six months

In addition, you may be ordered to serve up to 30 days of community service.

Third Offense DWI or DUI in New York

A third offense DUI in New York, sometimes referred to as a DWI or Driving While Impaired charge can be very serious and costly. As in all states any BAC or blood alcohol concentration of over 0.08 is considered legally intoxicated and significantly higher penalties occur if you are significantly over this limit or if involved in an accident. You can also be charged with DUI or DWAI (Driving While Ability Impaired) can also count as a third offense DUI in New York.

The third offense for DUI or DWI is eligible for a long term jail sentence. New York provides judges with the ability to sentence up to seven years in jail on a third offense. This jail sentence is in addition to all the administrative penalties and fees you may be assessed.

The administrative penalties for a third offense DUI in New York can range between two thousand to ten thousand dollars. Other associated costs such as a legal fees, mandatory conviction charges, court costs and working through getting your driver's license back and then subsequent yearly charges can significantly add to the cost. Your license can be revoked for a minimum of one year.

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