In New York DWI-DUI offenses are governed by the Vehicle and Traffic
Law, as opposed to the New York State Penal Code. A conviction for
DWI-DUI does, however, carry potentially major criminal liability.
Below is a chart of penalties that apply for a conviction related to a DWI-DUI related offense. The chart outlines only court imposed criminal penalties, as separate DMV administrative penalties can be imposed. Please note that this is only a summary and if arrested for a DWI-DUI related offense you should consult with a qualified attorney immediately.
Driving While Ability Impaired ("DWAI") (VTL §1192.1)
Number of
Convictions | Mandatory Fines | Level of Offense | Maximum Jail Term | Mandatory License
Penalties
|
First Conviction | $300-$500 | Infraction | 15 Days | 90 Day License Suspension |
Second within Five Years of either a conviction for ADWI, DWI or DWAI
| $500 - $750 | Infraction | 30 Days | Revoked at least 6 months |
Third Conviction within 10 years | $750 -$1500 | Infraction | 90 days | Revoked at least 6 months
|
Driving While Intoxicated ("DWI") (VTL §§ 1192.2 &1192.3)
Number of Convictions | Mandatory Fines | Level of Offense | Maximum Jail Term | Mandatory License Penalties |
First Conviction | $500 - $1000 | Misdemeanor | 1 Year | Revoked at least 6 months |
Second Conviction within 10 years (prior ADWI or DWI) | $1000-$5000 | Class "E" Felony | 4Years | Revoked at least 1 year (18 months if prior conviction is for ADWI) |
Third Conviction within 10 years (prior ADWIs and/or DWIs)
| $2,000-$10,000 | Class "D" Felony | 7 Years | Revoked at least 1 year (18 months if at least one prior conviction is for ADWI) |
Aggravated Driving While Intoxicated ("ADWI") (VTL §1192.2(a)
Number of Convictions | Mandatory Fines | Level of Offense
| Maximum Jail Term | Mandatory License Penalties |
First Conviction | $1,000-$2,500 | Misdemeanor | 1 Year | Revoked at least 1 year |
Second Conviction within 10 years (prior ADWI or DWI) | $1,000 - $5,000 | Class "E" Felony | 4 Years | Revoked at least 18 months |
Third Conviction within 10 years (prior ADWIs and/or DWIs) | $2,000-$10,000 | Class D" Felony | 7 Years | Revoked at least 18 months |
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