What are the Penalties for DWI in New York?

Protecting Our Clients Against DWI Charges in Westchester County

If you are arrested and charged with a DWI or DWAI, it is important that you understand the penalties you may face if convicted. With years of experience as both a criminal prosecutor and defense attorney, our DWI defense attorneys in NY provide clients with outstanding defense. We are your go-to law firm for DUI and DWI cases in Mount Kisco, Stamford, White Plains, and New York.

To defend yourself against DWAI or DWI charges, call Riebling & Payton, PLLC at (914) 712-6878 to schedule a consultation. 

What is DWI in NY?

In New York, DWI stands for Driving While Intoxicated. This is the most common form of DUI, and it is a misdemeanor. A DWI is defined as operating a motor vehicle with a blood alcohol content (BAC) of 0.08 or higher. It is illegal to drive with a BAC of .08 or higher regardless of whether or not the driver’s driving is impaired.

What is Aggravated DWI in NY?

Aggravated DWI is a more serious charge than regular DWI. It is a felony offense and carries harsher penalties. In New York, Aggravated DWI is defined as operating a motor vehicle with a BAC of .18 or higher. It is also illegal to drive with a BAC of .08 or higher while under the influence of drugs. 

New York DWi Law

Under New York law, the legal alcohol limit for drivers is 0.08. It is important to note that you can still be arrested for DWI if your BAC is below 0.08. This is because the police officer can still determine that you are impaired and unable to safely operate a motor vehicle.

If convicted of a DWI, you could face up to one year in jail and a fine of up to $1,000. Our experienced attorneys have extensive knowledge of New York DWI law and can provide you with the best legal representation possible.

Felony DWI NY - Is DWI a Felony in NY?

When it comes to DWI charges in New York, many people are unsure of whether or not a DWI is a felony. The answer is that it depends on the circumstances of the case. In general, a DWI is considered a misdemeanor; however, a DWI is a serious offense that can result in a felony charge.

If you have been convicted of three or more DWI offenses within a five-year period, then your DWI can be considered a felony. In this case, you could face more serious penalties, such as jail time and a longer license suspension. Additionally, a DWI may be considered a felony if it involves a motor vehicle accident resulting in serious injury or death. This is because you are being held responsible for someone else’s safety, and the consequences can be more severe.

If convicted of a felony DWI, you could face up to 7 years in prison and a fine of up to $10,000.

How to Get a DWI Dismissed in NY?

Getting a DWI charge dismissed in New York is not an easy task. Depending on the circumstances of the case, a defense attorney may be able to negotiate a plea deal with the prosecutor or challenge the evidence presented in court.

If you have been charged with a DWI in New York, there are several ways to get the charge dismissed. The most common way is to challenge the legality of the traffic stop or the accuracy of the breathalyzer test. Another way to get the charge dismissed is to prove that you were not impaired at the time of the arrest.

At Riebling & Payton, PLLC, we understand the complexities of New York DUI law and will work hard to protect your rights. Our attorneys will use their experience and knowledge to build a strong defense and get your charges dismissed.

Contact us today to discuss your case and get the best legal representation possible.

Types of DWI Violations in New York

• DWAI (Driving While Ability Impaired) by Alcohol
• DWI (Driving While Intoxicated) – First Offense
• Driving While Intoxicated (DWI) as a Class "E" Felony
• Driving While Intoxicated (DWI) as a Class "D" Felony
• Aggravated DWI (Driving While Intoxicated) – First Offense
• Driving While Ability Impaired (DWAI) by Drugs
• DWAI by a Combined Influence of Alcohol/Drugs

NY Penalties for for DWAI by Alcohol

Driving While Ability Impaired by Alcohol is a violation and not defined as a crime under NYS Law. However, a guilty plea or a conviction of Driving While Ability Impaired by Alcohol, may result in the following penalties or sentences:

• A fine of between $300 and $500 and/or up to 15 days in jail;
• Suspension of the driver's license for 90 days (unless you the person is under 21 or possess a Commercial Driver's License ("CDL"));
• A surcharge of $255 ( $260 if the case is in either a Town or Village Court);
• A driver responsibility assessment of $250 a year for 3 years;
• Required attendance of the Victim Impact Panel, such as Mothers Against Drunk Driving ("MADD"); and
• Required attendance and completion of the Drunk Driving Program ("DDP") administered by the New York State Department of Motor Vehicles.

DWI New York First Offense Penalties

Driving While Intoxicated (DWI) is a misdemeanor crime in New York. A guilty plea or a conviction of DWI will result in a lifetime criminal record and may include the following penalties or sentences:

• A fine of between $500 and $1,000, and/or up to 1 year in jail;
• A period of probation of 3 years;
• Revocation of your driver's license for a minimum of 6 months;
• Possible revocation of your registration for at least 6 months;
• A surcharge of $395 ($400 if the case is in either a Town or Village Court);
• A driver responsibility assessment of $250 a year for 3 years;
• Required attendance of the Victim Impact Panel, such as Mothers Against Drunk Driving ("MADD");
• Installation and maintenance of a functioning ignition interlock device in any motor vehicle that they own or operate during the term of probation or conditional discharge, and in no event for less than 6 months; and
• Required attendance and completion of the Drunk Driving Program ("DDP") administered by the New York State Department of Motor Vehicles.

Second DWI in NY Penalties

A person charged with DWI and has a prior conviction of either a DWI, Aggravated DWI, DWAI Drugs, or DWAI Combined Influence, in the prior 10 years, that person can be charged with felony DWI. A plea of guilty or a conviction of felony DWI will result in a lifetime felony criminal record and may include the following penalties or sentence:

• A fine of between $1,000 and $5,000, and/or up to 4 years in state prison;
• A 5 year period of probation;
• Revocation of the person's driver's license for at least 1 year. Note: DMV will require evidence of alcohol evaluation and/or rehabilitation before the person will be issued a new driver's license. Additionally, the Court may revoke the driver's license for one year, and if a person is also sentenced to probation then as part of their probation the person may be prohibited from driving while they are on probation;
• A surcharge of $520;
• A driver responsibility assessment of $250 a year for 3 years;
• Required attendance of the Victim Impact Panel, such as Mothers Against Drunk Driving ("MADD");
• Installation and maintenance of a functioning ignition interlock device in any motor vehicle that they own or operate during the term of probation or conditional discharge, and in no event for less than 6 months; and
• Required attendance and completion of the Drunk Driving Program ("DDP") administered by the New York State Department of Motor Vehicles.

Penalties for DWI as a Class D Felony in NY

A person who is charged with a DWI and has been convicted of either a DWI, Aggravated DWI, DWAI Drugs, or DWAI Combined Influence (or Vehicular Assault in the 1st or 2nd degree or Vehicular Manslaughter), on TWO PRIOR OCCASIONS within the previous 10 years may be charged with a more serious felony DWI. A plea of guilty or a conviction of this more serious felony DWI will result in a lifetime felony criminal record and include the following potential penalties or sentence:

• A fine of between $2,000 and $10,000, and/or up to 7 years in state prison;
• A period of probation of 5 years;
• Revocation of the person's driver's license for at least 18 months. Note: DMV will require evidence of alcohol evaluation and/or rehabilitation before the person will be issued a new driver's license. Additionally, the Court may revoke the driver's license for one year, if a person is also sentenced to probation then as part of their probation the person may be prohibited from driving while they are on probation;
• A surcharge of $520;
• A driver responsibility assessment of $250 a year for 3 years;
• Required attendance of the Victim Impact Panel, such as Mothers Against Drunk Driving ("MADD");
• Installation and maintenance of a functioning ignition interlock device in any motor vehicle that they own or operate during the term of probation or conditional discharge, and in no event for less than 6 months; and
• Required attendance and completion of the Drunk Driving Program ("DDP") administered by the New York State Department of Motor Vehicles.

Aggravated DWI NY First Offense Penalties

Aggravated Driving While Intoxicated (DWI) is a misdemeanor crime in New York. A plea of guilty or a conviction of Aggravated DWI as a misdemeanor will result in a lifetime criminal record and will include the following potential penalties or sentence:

• A fine of between $1,000 and $2,500, up to 1 year in jail, or both;
• A period of probation of 3 years;
• Revocation of your driver's license for at least 6 months;
• Discretionary revocation of your registration for at least 1 year;
• A surcharge of $395 ($400 if the case is in either a Town or Village Court);
• A driver responsibility assessment of $250 a year for 3 years;
• Required attendance of the Victim Impact Panel, such as Mothers Against Drunk Driving ("MADD");
• Installation and maintenance of a functioning ignition interlock device in any motor vehicle that they own or operate during the term of probation or conditional discharge, and in no event for less than 6 months; and
• Required attendance and completion of the Drunk Driving Program ("DDP") administered by the New York State Department of Motor Vehicles.

Penalties for DWAI Drugs in NY

If a person pleads guilty to or is convicted of DWAI drugs, the penalties are nearly identical to the penalties for DWI (see above). However, the major distinction is that if a person is convicted of DWAI Drugs the ignition interlock device requirement is not applicable.

DWAI by a Combined Influence of Alcohol/Drugs in NY

If a person pleads guilty to or is convicted of Driving While Ability Impaired by a Combined Influence of Alcohol/Drugs, the penalties are nearly identical to the penalties for DWI (see above). However, the major distinction is that if a person is convicted of Driving While Ability Impaired by a Combined Influence of Alcohol/Drugs the ignition interlock device requirement is not applicable.

Contact Riebling & Payton, PLLC to learn more about DWI laws in New York or schedule your FREE consultation.