New York DWI Penalties
Driving While Intoxicated (DWI) is considered a very serious charge throughout New York, and if arrested for a DWI, you may be facing harsh stigmatization in courts. Certainly, drunk driving is a problem in New York; nearly one-third of fatalities involve impaired or intoxicated drivers. In an attempt to discourage others to drive while intoxicated, courts will sometimes take a harsh, impatient stance and deliver austere DWI penalties to alleged drunk drivers.
Every New York resident charged with DWI has the right to a thorough defense and an objective court. Far too often, however, the constitutional right of innocence until proven guilty is often forgone in the pursuit of sending a message to other potential drunk drivers in the state. If you were charged with drunk driving, it is essential to contact a renowned New York DWI lawyer as soon as possible. In the meantime, you can learn more about DWI penalties below.
Drunk Driving Laws in New York
The drunk driving laws in New York State are quite similar to those of other states. All drivers with a Blood Alcohol Content (BAC) of 0.08 or higher can be charged with drunk driving. Drivers under 21, however, can be charged with a DWI if they have a BAC of 0.02 or higher. Lastly, commercial drivers in New York can be charged with DWI if they have a BAC of 0.04 or higher.
The penalties for a DWI in New York depend on the circumstances surrounding the alleged crime. Although there are guidelines, your specific sentence may be based on the level of drunkenness, mitigating or aggravating factors, the field sobriety test, and others.
| Alleged Crime | Mandatory Fine | Maximum Jail Sentence | Mandatory Driver License Action |
| Aggravated DWI | $1,000 – $2,500 | One year | Revocation for at least one year |
| DWI or Driving While Impaired by a Drug (DWAI-Drug) | $500 – $1,000 | One year | DWI – Revocation for at least six months
DWAI-Drug – Suspension for at least six months |
| Driving While Ability Impaired by Alcohol (DWAI) | $300 – $500 | 15 days | Suspension for 90 days |
| Zero tolerance law | $125 civil penalty and $100 fee to terminate suspension | None | Suspension for six months |
| Second DWI within 10 years | $1,000 – $5,000 | 4 years | Revocation for at least a year |
| Third DWI in 10 years | $2,000 – $10,000 | 7 years | Revocation for at least a year |
| Second aggravated DWI in 10 years | $1,000 – $5,000 | 4 years | Revocation for at least 18 months |
| Third aggravated DWI in 10 years | $2,000 – $10,000 | 7 years | Revocation for at least 18 months |
In addition to the standard DWI laws, it is important to note that you can be penalized for refusing to take a chemical test under New York’s Implied Consent law. As such, if you refuse to take the chemical test, as is your right, your driver’s license will be automatically revoked for a minimum of one year. Moreover, under New York’s Leandra’s Law, if you’re driving under the influence and you have someone in your car under 16 years of age, you could be charged with a Class E felony punishable by a fine of up to $5,000 and or a period of imprisonment of up to four years.
Contact DWI Lawyer Benjamin Greenwald For Your Case
Due to the gravity and long-term consequences of DWI in New York, you need to contact a prominent DWI attorney as soon as possible after you’re arrested. At the Law Office of Benjamin Greenwald, we devote significant time and resources into every DWI case, thoroughly sifting through police reports, investigating the circumstances around your arrest, and aggressively defending you in courts. For a free consultation with Attorney Greenwald, you can
For a free consultation with Attorney Greenwald, you can call our law offices today at (845) 567-4820.
