Penalties

New York DWI Penalties

Depending on the level and type of DWI offense (e.g., Aggravated DWI, DWI, DWAI, DWAI-Drugs, DWAI-A/D, etc.), how many prior convictions appear on your record, and even the particular county in which you were accused, plea offers and penalties can vary.

Below is a short, basic introduction to the penalties associated with a conviction for various DWI-related offenses. The list by no means lists all of the penalties and consequences associated with any DWI-related conviction. Only a DWI attorney can provide you with that level of knowledge and detail after assessing your case.

First offense DWAI:
  • A fine of no less than $300 and no more than $500.
  • Possible jail time of up to 15 days.
  • Loss of license for 90 days.
Second Offense DWAI Within 5 years:
  • A fine of no less than $500 and no more than $750.
  • Possible jail time of up to 30 days.
  • Loss of license for at least 6 months.
Third Offense DWAI Within 10 years:
  • A fine of no less than $750 and no more than $1,500.
  • Possible jail time of up to 180 days.
  • Loss of license for 90 days if previous violation occurred over five years ago, and loss of license for at least 1 year if it occurred within five years.
First offense DWI or DWAI-Drugs (i.e., no prior DWI convictions within 10 years):
  • A fine of no less than $500 and no more than $1,000.
  • Possible jail time of up to 1 year.
  • Loss of license for at least 6 months.
Second Offense DWI or DWAI-Drugs Within 5 Years:
  • A fine of no less than $1,000 and no more than $5,000.
  • Mandatory jail time of at least 5 days or at least 30 days community service, or possible prison time of up to 4 years.
  • Loss of license for at least 1 year.
Third Offense (Or More) DWI or DWAI-Drugs Within 5 Years:
  • A fine of no less than $2,000 and no more than $10,000.
  • Mandatory jail time of at least 10 days or at least 60 days community service, or possible prison time of up to 7 years.
  • Loss of license for at least 1 year, ignition interlock device, and required alcohol evaluation.
Second Offense DWI or DWAI-Drugs Within 10 Years:
  • A fine of no less than $1,000 and no more than $5,000.
  • Possible prison time of up to 4 years.
  • Loss of license for at least 1 year.
Third Offense (Or More) DWI or DWAI-Drugs Within 10 Years:
  • A fine of no less than $2,000 and no more than $10,000.
  • Possible prison time of up to 7 years.
  • Loss of license for at least 1 year.
First Offense DWAI-Alcohol/Drugs:
  • A fine of no less than $500 and no more than $1,000.
  • Possible jail time of up to 1 year.
  • Loss of license for at least 6 months.
Second Offense DWAI-Alcohol/Drugs:
  • A fine of no less than $1,000 and no more than $5,000.
  • Possible prison time of up to 4 years.
  • Loss of license for at least 1 year.
Third Offense DWAI-Alcohol/Drugs:
  • A fine of no less than $1,000 and no more than $5,000.
  • Possible prison time of up to 7 years.
  • Loss of license for at least 18 months.
First Offense Aggravated DWI:
  • A fine of no less than $1,000 and no more than $2,500.
  • Possible jail time of up to 1 year.
  • Loss of license for at least 1 year.
Second Offense Aggravated DWI Within 5 years:
  • A fine of no less than $1,000 and no more than $5,000.
  • Mandatory jail time of at least 5 days or at least 30 days community service, or possible prison time of up to 4 years.
  • Loss of license for at least 18 months.
Third Offense (Or More) Aggravated DWI Within 10 years
  • A fine of no less than $1,000 and no more than $5,000.
  • Mandatory jail time of at least 10 days or at least 60 days community service, or possible prison time of up to 7 years.
  • Loss of license for at least 18 months.
First Offense Zero Tolerance:
  • Minimum $125 civil penalty payable to DMV.
  • Loss of license for 6 months.
  • $100 suspension termination fee.
Second Offense Zero Tolerance:
  • Minimum $125 civil penalty payable to DMV.
  • Loss of license for at least 1 year or until 21 years old, whichever is longer.
  • $100 license re-application fee.

Note that three or more alcohol or drug-related driving incidents (i.e., convictions, or findings of Zero Tolerance violations, or findings of refusals) within four or eight years, depending, can result in a permanent revocation of your New York State driving privileges.

DWI is an incredibly technical field – in terms of the law, in terms of the fact pattern associated with each DWI case, in terms of the science involved, and in terms of how the DMV and criminal justice system treats it. Because of this, you need a lawyer who is current with ever-changing DWI laws and who will fight to protect your rights and privileges. Contact The DWI Guy and his team of attorneys if you or a loved one has been charged with a DWI or related offense.

The DWI Guy and his team of attorneys