New York DWI Laws & Drunk Driving Penalties


Overview of the penalties upon conviction of DWI in New York

New York DWI Laws, BAC limits, fines, jail times, IID requirements, suspension/revocation periods and SR22 insurance requirements for first time and repeat offenders with multiple DWI's.

If you’ve been charged with DWI in New York, the law allows 10 days for your New York DWI Lawyer to make a request with the New York DMV (Department of Motor Vehicles) for a hearing to help save your driving license

What are the penalties for DWI in New York?

The penalties for driving while intoxicated in New York will depend upon the exact circumstances of each particular case and the number of previous offenses (if any) a person has.

NY DWI Penalties

New York is a state with a 10 year 'washout period' also known as a 'look back period'

NOTE: Out of State Convictions
Under New York state law, any prior out of state convictions for operating a motor vehicle while under the influence of alcohol or drugs shall be deemed a prior conviction for sentencing purposes.

Three or more alcohol or drug related offenses could possibly result in a permanent license revocation depending on when prior offenses occurred.

1st DWI Offense - Misdemeanor

The penalty upon conviction of a first DWI offense in New York:

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2nd DWI Offense - Class E Felony

The penalty upon conviction of a second DWI offense in New York:

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3rd & 4th DWI Offense - Class D Felony

The penalty upon conviction of a third and fourth DWI offense in New York:

Possible that DMV will not relicense permanently (depending on driving record) - see additional sanctions below

ADDITTIONAL SANCTIONS FOR REPEAT OFFENDERS

3 or 4 ALCOHOL/DRUG DRIVING CONVICTIONS WITHIN 25 YEARS

No previous serious driving offense and revocation resulting from alcohol/drug driving

Drivers with three of four alcohol/drugged driving related convictions or incidents within the preceding 25 years and whose revocation results from an alcohol/drugged driving conviction or incident will be denied re-licensing for 5 years by the DMV in addition to any statutory revocation period. After this period the driver will be re-licensed with a problem driving restriction, requiring an ignition interlock device (IID) for a period of 5 years.

A previous serious driving offense and revocation resulting from alcohol/drugged driving

Drivers with three or four alcohol/drugged driving related convictions or incidents within the preceding 25 years, plus one serious driving offense will be classed as a 'persistently dangerous driver' and will be denied re-licensing permanently (subject to compelling circumstances).

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5th DWI Offense - Class D Felony

The penalty upon conviction of a fifth DWI offense in New York:

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DWAI (Driving While Ability Impaired)

You can be charged with DWAI if your driving ability is impaired through alcohol if your BAC (blood alcohol content / concentration) is between 0.05 and 0.08.

Penalties for DWAI range from a $300 to $1,500 fine, up to 180 days in jail and a minimum of 90 days drivers license suspension. The exact penalty will be based upon previous convictions, age and circumstances.

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Implied Consent (Chemical Testing) Laws

New York Chemical Testing Laws

In New York it is an offense to refuse to take a chemical test of blood, urine or breath when required to do so. Refusing to take a chemical test will result in drivers license revocation.

The penalties and fines for refusing to submit to a chemical test are separate from and in addition to the penalties and fines resulting from any alcohol or drug related conviction.

Chemical Test Refusal Penalties - New York

First Chemical Test Refusal

Second Chemical Test Refusal

Third (or subsequent) Chemical Test Refusal

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What is the legal alcohol limit in New York

The maximum legal BAC (blood alcohol content) limits in New York for driving are as follows:

ADULT DRIVERS - BAC LIMIT = 0.08%
In the State of New York it is an offense for adult drivers to drive any regular motor vehicle with 0.08% or more, by weight, of alcohol in his/her blood.

COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
In the State of New York it is an offense to drive any motor vehicle that requires a commercial drivers license with 0.04% or more, by weight, of alcohol in his/her blood.

DRIVERS UNDER 21 - BAC LIMIT = 0.02%
In the State of New York it is an offense for drivers under the age of 21 (minors) to drive any motor vehicle with 0.02% or more, by weight, of alcohol in his/her blood.

It is an offense to refuse to submit to a chemical test in New York and implied consent laws are enforced.

DUI Laws - Drinkdriving.org

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Your DUI Law Information Resource
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