New York DWI Penalties

If you have been charged with a DWI in New York, our goal is to help you. With hundreds of satisfied clients, we take our jobs seriously. Take a moment today and contact us, 1-877-394-3476 for a FREE case evaluation. In the meantime, feel free to review the following overview on New York’s DWI penalties.

Driving While Ability Impaired

Definition: Operating a motor vehicle while your ability is impaired by the consumption of alcohol. Such a charge can be shown by a .05-.07% BAC, or any evidence of impairment by alcohol.
Penalty: Fine of up to $500, 90 day license suspension, up to 15 days in jail.
Why AX: Anelli Xavier attorneys have a vast amount of experience in dealing with cases where the BAC is not above the threshold limit of .08%, but is still high enough to warrant a DWAI charge.

Boating While Ability Impaired

Definition: Operating a boat while your ability to do so is impaired by the consumption of alcohol. Such a charge can be shown by a .05-07% BAC, or any evidence of impairment by alcohol.
Penalty: Fine of up to $500, 6 month suspension of boating privileges, up to 15 days in jail
Why AX: Anelli Xavier attorneys are well versed in the collateral effects that a BWI charge/conviction can have on your license to operate other motor vehicles, and have experience in protecting clients from the windfall of a BWI charge/conviction.

Snowmobiling While Ability Impaired

Definition: Snowmobiling while your ability to do so is impaired by the consumption of alcohol. Such a charge can be shown by a .05-.07% BAC, or any evidence of impairment by alcohol
Penalty: Maximum fine of $350, up to 15 days in jail, suspension of snowmobiling privileges for 6 months.

Driving While Ability Impaired by the Use of a Drug

Definition: Operating a motor vehicle while your ability to do so is impaired by the use of a drug. Can be shown by any evidence of impairment by any drug (with the exception of alcohol)
Penalty: Misdemeanor conviction resulting in criminal record, maximum fine of $1000, up to 1 year in jail, 3 year period of probation, revocation of driver’s license for at least 6 months.
Why AX?: Our team of attorneys has analyzed the extensive list of drugs that can “impair” a person’s ability to drive, and are experienced with the techniques and tools law enforcement uses to detect such “impairment”

Felony Driving While Ability Impaired by the Use of a Drug

Definition: A motorist who commits a DWAI Drugs within 10 years of a prior conviction or convictions for an alcohol related offense (other than DWAI) may be charged with a Felony DWAI Drugs. The “Class” of Felony that a motorist can be charged with is dependent on the number of prior convictions, and the time frame in which they occurred. Such “classes” include:
Penalty: Maximum fine of $10,000, up to 7 years in state prison, 5 year probation period, revocation of driver’s license for 1 year, installation and maintenance of an Ignition Interlock Device.

Boating While Ability Impaired by the Use of a Drug

Definition: Operating a boat while your ability to do so is impaired by the use of a drug. Can be shown by any evidence of impairment by any drug (with the exception of alcohol)
Penalty: Misdemeanor conviction resulting in a criminal record, up to 1 year in jail, maximum fine of $1000, privilege to operate a boat revoked for up to 1 year.

Snowmobiling While Ability Impaired by the Use of a Drug

Definition: Operating a snowmobile while your ability to do so is impaired by the use of a drug. Can be shown by any evidence of impairment by any drug (with the exception of alcohol)
Penalty: Misdemeanor conviction resulting in criminal record, maximum fine of $500, up to 90 days in jail, 12 month suspension of snowmobiling privileges.

Driving While Ability Impaired by Combined Influence of Drugs and alcohol

Definition: Operating a motor vehicle while your ability to do so is impaired by the combined influence of drugs and alcohol. This can be shown by any evidence of impairment by the combined influence of drugs/alcohol.
Penalty: Misdemeanor conviction resulting in criminal record, maximum fine of $1000, up to 1 year in jail, 3 year period of probation, revocation of driver’s license for at least 6 months.
Why AX?: Anelli Xavier attorneys understand the complications that can arise when drugs and alcohol are mixed, and can utilize forensic toxicologists and independent blood sampling labs to ensure that our clients are afforded the best possible defense.

Felony Driving While Ability Impaired by the Combined Influence of Drugs and Alcohol

Definition: A motorist who commits a DWAI Drugs/Alcohol within 10 years of a prior conviction or convictions for an alcohol related offense (other than DWAI) may be charged with a Felony DWAI Drugs/Alcohol. The “Class” of Felony that a motorist can be charged with is dependent on the number of prior convictions, and the time frame in which they occurred.
Penalty: Maximum fine of $10,000, up to 7 years in state prison, 5 year probation period, revocation of driver’s license for 1 year, installation and maintenance of an Ignition Interlock Device.

Zero Tolerance Law

Definition: The motorist is under the age of 21, and possesses a BAC of .02% to .07%.
Penalty: 6 month license suspension, $125 civil penalty.

DWI Chemical Test Refusal:

Definition: The motorist refuses to submit to a chemical test of their breath, blood, or urine.
Penalty: Such a refusal can result in a license revocation of 12 to 18 months, and a fine of up to $750.
Why AX?: Anelli Xavier attorneys are well versed in the intricate requirements that need to be proven in order to establish a valid “refusal”, and have significant experience navigating the complex procedures and protocols of the DMV, such as refusal hearings.

BWI Chemical Test Refusal

Definition: The boater refuses to submit to a chemical test of their breath, blood, or urine.
Penalty: Penalties include a revocation of his or her boating privileges for at least six (6) months and will have to pay a civil penalty of at least $200.

SWI Chemical Test Refusal:

Definition: The snowmobiler refuses to submit to a chemical test of their breath, blood, or urine.
Penalties: Penalties include a revocation of his or her snowmobiling privileges for at least six (6) months and will have to pay a civil penalty of at least $200.

“Per Se” DWI

Definition: “Per Se” Driving While Intoxicated is proven by establishing that the motorist had a BAC of .08% or greater.
Penalties: Misdemeanor resulting in criminal record, up to 1 year in jail, maximum fine of $1000, 6 month license revocation, installation and maintenance of Ignition Interlock Device for up to 1 year.

Commercial Vehicles: Per Se-Level I

Definition: Such a charge can be proven by establishing that the motorist was operating a commercial vehicle with a BAC that is no lower than .04, and no higher than .06.
Penalties: maximum fine of $500, one year month license revocation, up to 15 days in jail.

Commercial Vehicles: Per Se-Level II

Definition: Such a charge can be proven by establishing that the motorist was operating a commercial vehicle with a BAC that is no lower than .06, and no higher than .08.
Penalties: Misdemeanor resulting in criminal record, maximum fine of $1500, up to 180 days in jail, 3 year period of probation, mandatory one year license revocation.

Common Law DWI

Definition: “Common Law” Driving While Intoxicated is established by a “totality of the circumstances”. Such evidence includes:
a) Slurred Speech
b) Bloodshot eyes
c) Odor of alcohol in the car/on the person
d) Erratic Driving (swerving, failing to use turn signals, etc.)
e) Failing any Field Sobriety Tests.
Penalties: Misdemeanor resulting in criminal record, up to 1 year in jail, maximum fine of $1000, 6 month license revocation, installation and maintenance of Ignition Interlock Device for up to 1 year.
Why AX?: At Anelli Xavier, our team has spent countless hours studying the procedures and certification processes that law enforcement must undergo to effectively administer Field Sobriety Tests. We understand that medical conditions, lack of sleep, etc. can mimic the effects of alcohol, and we utilize this in protecting our clients.

“Felony” Driving While Intoxicated

Definition: A motorist who commits a DWI within 10 years of a prior conviction or convictions for an alcohol related offense (other than DWAI) may be charged with a Felony DWI. The “Class” of Felony that a motorist can be charged with is dependent on the number of prior convictions, and the time frame in which they occurred.
Penalties: Up to seven (7) years in state prison, up to $10,000 fine, minimum license revocation of one 18 months.

Boating While Intoxicated

Definition: Operating a boat with a BAC of above .08. Proven by establishing that the boater had a BAC of .08% or higher and/or other evidence of intoxication.
Penalty: Misdemeanor conviction resulting in a criminal record, up to 1 year in jail, maximum fine of $1000, privilege to operate a boat revoked for up to 1 year.

Snowmobiling While Intoxicated

Definition: Operating a snowmobile in an intoxicated condition. Proven by establishing that the snowmobiler had a BAC of .08% or higher and/or other evidence of intoxication.
Penalty: Misdemeanor conviction resulting in criminal record, maximum fine of $500, up to 90 days in jail, 12 month suspension of snowmobiling privileges.

“Tiffany’s Law”

Pending legislation, passed in the New York Senate, requiring any prior conviction for a DWI to be considered during the sentencing of any subsequent SWI, or BWI offense, and any prior SWI or BWI conviction to be considered during the sentencing of any subsequent DWI offense.

Aggravated Driving While Intoxicated

Definition: Such a charge can be established by proving that the motorist had a BAC of .18% or higher.
Penalty: Misdemeanor conviction resulting in criminal record, maximum fine of $2500, Up to one (1) year in jail, up to 18 month license revocation.

Felony Aggravated Driving While Intoxicated

Definition: A motorist who commits an Aggravated DWI within 10 years of a prior conviction or convictions for an alcohol related offense (other than DWAI) may be charged with a Felony Aggravated DWI. The “Class” of Felony that a motorist can be charged with is dependent on the number of prior convictions.
Penalties: Up to seven (7) years in state prison, up to $10,000 fine, minimum license revocation of one 18 months.

Aggravated DWI/”Leandra’s Law”

Definition: Such an offense is a Class “E” Felony. Occurs when the motorist drives a vehicle in an intoxicated condition, and does so with a child 15 years or younger in the car.
Penalties: Up to four (4) years in state prison, up to $5,000 fine, minimum license revocation of 18 months.

Aggravated Unlicensed Operation in the 3rd Degree

Definition: Such a charge stems from operating a motor vehicle on a suspended license.
Penalties: Misdemeanor conviction resulting in criminal record, up to 30 days in jail, maximum fine of $500

Aggravated Unlicensed Operation in the 2nd Degree

Definition: Such a charge is more serious than an AUO 3rd. It involves operating a motor vehicle on a license that has been suspended for an alcohol related reason, or a license that has multiple suspensions. Such “alcohol related suspensions” include:
a) “Suspension Pending Prosecution” (license is suspended while an alcohol related offense is pending in court.)
b) Alcohol Related Conviction
c) Chemical Breath Test Refusal
Penalties: Misdemeanor conviction resulting in criminal record, up to 180 days in jail, minimum fine of $500.

Aggravated Unlicensed Operation in the 1st Degree

Definition: An AUO 1st is the most serious of the AUO offenses. Such an offense occurs when:
a) The motorist commits an AUO 2nd while under the influence of alcohol or drugs
b) The motorist has 10 or more suspensions
c) The motorist operates their vehicle while under permanent license revocation.
Penalties: Felony conviction resulting in criminal record, up to four (4) years in state prison, maximum fine of $5,000.

Violation of a Conditional License

Definition: Such an offense occurs when a motorist operates a vehicle outside of the terms and limitations of their conditional license.
Penalties: Traffic violation, resulting in up to $500 fine, and maximum 15 days in jail.

Use of Vehicle Without Interlock

Definition: Such an offense occurs when a motorist, who is ordered to install and maintain an Ignition Interlock Device on any vehicle they own or operate, operates a vehicle that is not equipped with an interlock device.
Penalties: Class A misdemeanor punishable by up to one (1) year in jail.

Knowingly Renting Vehicle Without Interlock

Definition: Such an offense occurs when a motorist, who is ordered to install and maintain an Ignition Interlock Device on any vehicle they own or operate, knowingly rents a vehicle without such an Interlock Device.
Penalties: Class A misdemeanor punishable by up to one (1) year in jail.

Circumvention of Interlock

Definition: Such an offense occurs when a motorist, who is ordered to install and maintain an Ignition Interlock Device on any vehicle they own or operate:
a) Has another person blow into the interlock
i) Both the person with the Interlock Device, and the person who blow are subject to penalties.
b) Tampers or alters an otherwise operable Interlock Device
c) Operates a motor vehicle without an Interlock Device, and that vehicle was ordered to have an Interlock Device installed in it.
Penalties: Class A misdemeanor punishable by up to one (1) year in jail.

Soliciting Another to Circumvent an Interlock Device

Definition: Occurs when a motorist, who is ordered to install and maintain an Ignition Interlock Device on any vehicle they own or operate, solicits another individual to circumvent the Ignition Interlock Device.
Penalties: Class A misdemeanor punishable by up to one (1) year in jail.

Circumventing an Interlock Device for Another

Definition: Unclassified misdemeanor, and the companion offense for the one listed above, it applies to the person doing the circumvention.
Penalties: Class A misdemeanor punishable by up to one (1) year in jail.

Vehicular Assault in the Second Degree

Definition: Occurs when motorist causes “serious physical injury” to another while committing a DWI. Note-DWAI does not elevate this offense. Such an offense includes when the operator is on a snowmobile, boat, or ATV.
Penalties: Class “E” felony. Penalties include up to four (4) years in state prison, and five (5) years’ probation. Fine range is $1000-5000.

Vehicular Assault in the First Degree

Definition: Motorist must be guilty of Vehicular Assault 2nd and have one of the following:
a) BAC of .18 or above, or;
b) A suspension for an alcohol related offense in New York or any other jurisdiction, or;
c) A conviction of an alcohol related offense within the past 10 years, or;
d) Causes serious injury to more than one person, or;
e) Has a conviction for Vehicular Assault, Vehicular Manslaughter, or Vehicular Homicide in New York or any other jurisdiction, or;
f) Commits the Vehicular Assault with a child 15 years or younger in the vehicle as a passenger, and causes serious physical injury to such passenger.

Penalties: Class “D” felony. Penalties include up to seven (7) years in state prison, and five (5) years’ Probation. Fine range is $2,000-$10,000.

Vehicular Manslaughter in the Second Degree

Definition: Motorist must be in violation of a section 1192 offense (Except for DWAI) and as a result of such intoxication/impairment, cause the death of another. This offense applies to snowmobiles, ATVs, and boats as well.
Penalties: Class “D” felony. Penalties include up to seven (7) years in state prison and five (5) years of Probation. Fine range is $2000 to $10,000.
Why AX?: At Anelli Xavier, our “Vehicular Homicide Team” is tasked with the sole responsibility of defending those who have been charged with vehicular homicide related offenses. We utilize our own investigators and experts, ranging from accident reconstructionists to forensic toxicologists, as well as independent blood testing laboratories to ensure that our clients receive the best possible defense.

Vehicular Manslaughter in the First Degree

Definition: Motorist must be guilty of Vehicular Manslaughter 2nd and have one of the following:
a) BAC of .18 or above, or;
b) A suspension for an alcohol related offense in New York of any other jurisdiction, or;
c) A conviction of an alcohol related offense within the past 10 years, or;
d) Has a conviction for Vehicular Assault, Vehicular Manslaughter, or Vehicular Homicide in New York or any other jurisdiction, or;
e) Causes the death of more than one person, or;
f) Commits the Vehicular Manslaughter with a child 15 years or younger in the vehicle as a passenger, and causes the death of the child.

Penalties: Class “C” felony. Penalties include up to 15 years in state prison, five (5) years’ Probation, and fines of up to $15,000.

Aggravated Vehicular Manslaughter

Definition: Motorist must be guilty of reckless driving and Vehicular Manslaughter 2nd and have one of the following:
a) BAC of .18 or above, or;
b) A suspension for an alcohol related offense in New York of any other jurisdiction, or;
c) A conviction of an alcohol related offense within the past 10 years, or;
d) Has a conviction for Vehicular Assault, Vehicular Manslaughter, or Vehicular Homicide in New York or any other jurisdiction, or;
e) Causes the death of more than one person, or;
f) Causes the death of one person and the serious physical injury of at least one other person, or;
g) Commits the Vehicular Manslaughter with a child 15 years or younger in the vehicle as a passenger, and causes the death of the child.

Penalties: Class “B” felony. Penalty includes up to 25 years in state prison.

Changes to the Department of Motor Vehicles Regulations (effective September 25,2012)

As of September 25, 2012, the New York DMV revised their licensing regulations in a manner that will drastically affect drivers with multiple alcohol/drugged-driving related convictions or incidents. The changes are as follows:

Offense History	DMV Action
5 or more alcohol/drugged driving related convictions or incidents in lifetime = “Persistently Dangerous Driver”	Permanent denial (subject to compelling or extenuating circumstances)
3 or 4 alcohol/drugged driving related convictions or incidents with one serious driving offense* in last 25 years= “Persistently Dangerous Driver”	Permanent denial (subject to compelling or extenuating circumstances)
If revocation for alcohol-related offense, 3 or 4 alcohol/drugged driving related convictions or incidents without any serious driving offense* in last 25 years	Deny for five (5) years in addition to statutory revocation period, then relicense with restricted license and interlock for five (5) years
If revocation for non-alcohol-related offense, 3 or 4 alcohol/drugged driving related convictions or incidents without any serious driving offense* in last 25 years	Deny for two (2) years in addition to statutory revocation period, then relicense with restricted license for two (2) years, but no interlock.
Two alcohol/drugged driving related convictions or incidents	No full relicensing until end of statutory minimum revocation period, even if DDP

***Serious Driving Offense includes a fatal accident; driving-related penal law conviction; conviction of two or more violations for which five (5) or more points are assessed; or 20 or more points from any violation