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:
- Fines: $500 to $1,000
[$1,000 to $2,500 if BAC 0.18 or more] - Imprisonment: up to 1 year in penitentiary or county jail
- Drivers License Revocation: minimum 6 months drivers license revocation
[minimum 1 year revocation if BAC 0.18 or more] - Conditional Driving License: may be eligible for conditional driving privileges upon participation in New York State's Impaired Driver Program (IDP)
- Ignition Interlock: ignition interlock device (IID) restriction for a period of not less than 6 months upon license reinstatement
- may be required to attend a victims impact program
2nd DWI Offense - Class E Felony
The penalty upon conviction of a second DWI offense in New York:
- Fines: $1,000 to $5,000
- Imprisonment: 5 days to 4 year in jail (or at least 30 days of community service)
- Drivers License Revocation: minimum 1 year driving license revocation
[minimum 18 months revocation if BAC 0.18 or more] - Ignition Interlock: ignition interlock device (IID) restriction for a period of not less than 6 months upon license reinstatement
- alcohol or substance abuse assessment and treatment as required
- may be required to attend a victims impact program
3rd & 4th DWI Offense - Class D Felony
The penalty upon conviction of a third and fourth DWI offense in New York:
- Fines: $2,000 to $10,000
- Imprisonment: 10 days to 7 years in jail (or at least 60 days of community service)
- Drivers License Revocation: minimum 1 year drivers license revocation plus 5 years drivers license denial from DMV
[minimum 18 months drivers license revocation if BAC 0.18 or more]
Possible that DMV will not relicense permanently (depending on driving record) - see additional sanctions below
- Ignition Interlock: classed as a problem driver and ignition interlock device (IID) restriction for a period of 5 years upon drivers license reinstatement
- alcohol or substance abuse assessment and treatment as required
- may be required to attend a victims impact program
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).
5th DWI Offense - Class D Felony
The penalty upon conviction of a fifth DWI offense in New York:
- Fines: $2,000 to $10,000
- Imprisonment: 10 days to 7 years in jail (or at least 60 days of community service)
- Drivers License Revocation: permanently denied relicensing (subject to compelling or extenuating circumstances)
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.
Implied Consent (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
- Fine: $500 civil penalty
- Drivers License Revocation: 1 year drivers license revocation (18 months if commercial driver).
Second Chemical Test Refusal
- Fine: $750 civil penalty
- Drivers License Revocation: 18 months drivers license revocation (permanent revocation if commercial driver).
Third (or subsequent) Chemical Test Refusal
- Drivers License Revocation: possible permanent revocation of drivers license.
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.
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