DWI Penalties

DWI / DWAI Offenses & Penalties in Westchester County

Driving While Intoxicated in White Plains & Mount Kisco

If you are arrested and charged with a DWI or DWAI, it is important that you understand the penalties you may face if convicted.

To defend yourself against these charges, call Riebling & Payton, PLLC at (914) 712-6878. With years of experience as both a criminal prosecutor and defense attorney, our DWI defense attorneys provide clients with outstanding defense.

Types of DWI Offenses 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 by Drugs
  • Driving While Ability Impaired by a Combined Influence of Alcohol/Drugs

DWAI (Driving While Ability Impaired 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 (Driving While Intoxicated) – First Offense

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.

DWI (Driving While Intoxicated) as a Class "E" Felony

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.

DWI (Driving While Intoxicated) as a Class "D" Felony

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 (Driving While Intoxicated) – First Offense

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 $1000 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.

Driving While Ability Impaired by Drugs

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.

Driving While Ability Impaired by a Combined Influence of Alcohol/Drugs

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 schedule your Free Consultation.

  • Marcia  Payton Photo
    Marcia Payton
    Marcia began her legal career by working as an Assistant District Attorney in New York City, prosecuting criminal cases in the country's finest and most highly regarded District Attorney's Office - New York County. It was here that Marcia worked with police officers and detectives and learned how a criminal investigation is handled from arrest to trial. Marcia successfully prosecuted thousands of criminal cases while working in the Office of Special Narcotics in New York City, presenting ...
  • Stephen J. Riebling Photo
    Stephen J. Riebling
    “The Court has to say, I have been impressed by Mr. Riebling’s knowledge … and his grasp of the records in this case. It is beyond any that I have seen in any kind of a case similar to this. I am just saying, it’s part of my thinking that someone with your knowledge would be able to understand these things certainly better than I am and perhaps most laymen or even attorneys…” - Westchester Supreme Court Judge Robert Neary Judge Neary was the presiding judge in the murder trial of Lacey Spears. ...
/

We've Helped Hundreds of Clients

Hear What They Have to Say
  • “I absolutely recommend Steve Riebling if you need an attorney.”

    - K.S.
  • “If your kid makes a mistake, I highly recommend hiring Riebling & Payton to defend them.”

    - N.C.
  • “My license is cleared and I didn’t even have to go to court!”

    - Rick

Why Turn To Our Firm?

You Need Our Attorneys
  • Award Winning & Peer Recognized
  • Experience, Insight, and Results over a combined 5 Decades of Practice
  • Former NYC Narcotics Prosecutor
  • After Hours Appointments with 24/7 Availability
  • Free Initial Consultations
  • Westchester's Foremost Criminal Defense Trial Attorney
  • Four Convenient Locations

Put a Qualified Attorney 
On Your Side

Free Consultations
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.