New York DWI Penalties

Just as the charges for drunk driving in New York are complex and difficult to understand, so are the penalties. If you have been arrested for DWI in New York, you face criminal penalties as well as administrative civil penalties (See the NY driving tab for more information on the civil aspect of your case). The criminal penalties listed below should only be used as a general guide. Consult with an experienced NY attorney in your area for a better understanding of what criminal charges you can expect in your particular case.

New York DWI Penalties

DWAI FIRST OFFENSE = FINES: $300 - $500; JAIL: up to 15 days; LICENSE SUSPENSION: 90 days

DWAI SECOND OFFENSE WITHIN 5 YEARS = FINES: $500 - $750; JAIL: up to 30 days; LICENSE SUSPENSION: at least 6 months

DWAI THIRD OFFENSE OR MORE WITHIN 10 YEARS = FINES: $750 - $1500; JAIL: up to 180 days; LICENSE SUSPENSION: 90 days if priors occurred over 5 years ago, 1 year suspension if priors occurred within 5 years

New York DWI DRUGS Penalties

FIRST OFFENSE = FINE: $500 - $1,000; JAIL: up to 1 year; LICENSE SUSPENSION: at least 6 months

SECOND OFFENSE WITHIN 5 YEARS = FINE: $1,000 - $5,000; JAIL: mandatory minimum 5 days in jail or 30 days community service - maximum prison time 4 years; LICENSE SUSPENSION: at least 1 year

THIRD OFFENSE OR MORE WITHIN 5 YEARS = FINE: $2,000 - $10,000; JAIL: mandatory minimum 10 days or 60 days community service - maximum prison time 7 years; LICENSE SUSPENSION: at least 1 year; IGNITION INTERLOCK: required; ALCOHOL EVALUATION: mandatory

SECOND OFFENSE WITHIN 10 YEARS = FINE: $1,000 - $5,000; JAIL: up to 4 years in prison; LICENSE SUSPENSION: at least 1 year

THIRD OFFENSE OR MORE WITHIN 10 YEARS = FINE: $2,000 - $10,000; JAIL: up to 7 years in prison; LICENSE SUSPENSION: at least 1 year

New York DWAI DRUGS AND ALCOHOL Penalties

FIRST OFFENSE = FINES: $500 - $1,000; JAIL: up to 1 year; LICENSE SUSPENSION: at least 6 months

SECOND OFFENSE = FINES: $1,000 - $5,000; JAIL: up to 4 years in prison; LICENSE SUSPENSION: at least 1 year

THIRD OFFENSE = FINES: $1,000 - $5,000; JAIL: up to 7 years in prison; LICENSE SUSPENSION: at least 18 months

New York AGGRAVATED DWI Penalties

FIRST OFFENSE = FINE: $1,000 - $2,500; JAIL: up to 1 year; IGNITION INTERLOCK: must be installed in an vehicle owned or operated during the term of probation as set by the court

SECOND OFFENSE WITHIN 5 YEARS = FINE: $1,000 - $5,000; JAIL: mandatory minimum 5 days jail time or 30 days community service - maximum 4 years in prison; LICENSE SUSPENSION: at least 18 months

THIRD OFFENSE OR MORE WITHIN 10 YEARS = FINE: $1,000 - $5,000; JAIL: mandatory minimum 10 days jail time or 60 days community service - maximum 7 years in prison; LICENSE SUSPENSION: 18 months

New York DWI Penalties for MINORS

FIRST OFFENSE = FINES: $125 to DMV and $100 suspension termination fee; LICENSE SUSPENSION: 6 months

SECOND OFFENSE = FINES: $125 to DMV and $100 license application fee; LICENSE SUSPENSION: 1 year minimum or under age 21
(whichever is longer).

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New York DWI Penalties