DWI penalties



Driving While Impaired Charge with Blood Alcohol Content (BAC) between .08% to .18%

1st Offense 2nd Offense 3rd Offense
Minimum Jail Up to 15 days jail Up to 30 days jail Up to 180 days jail
Fines $300 to $500 $500 to $750 $750 to $1,500
Driver’s License 90 days suspension 6 mo revocation, min 6 mo revocation, min

DWI is a crime and in addition to the above penalties, you may face the following:

  • You may qualify for the Drinking Driver Program and a conditional license
  • A surcharge of $395
  • An assessment fee from the DMV for driver responsibility of $250 a year for 3 years
  • Required attendance at a Victim Impact Panel
  • 1-3 years probation
  • Mandatory Installation of an Ignition Interlock Device on any vehicle “owned or operated” for 12 months or the duration of probation.

Blood Alcohol Concentration (BAC) for Per Se DWI

A “per se” DWI is based solely on the Blood Alcohol Concentration of the driver. It doesn’t whether the driver was actually impaired by alcohol. A motorist can get a DWI in New York with the following BAC levels:

Under 21 Years Old 02% or more
At Least 21 Years Old 08% or more
Commercial Driver’s License 04% or more

For drivers charged with a first-offense DWI in New York, there’s no minimum jail time required, but it is possible to receive a jail sentence of up to one year. All DWI convictions require the installation of an ignition interlock device.

DWI is a misdemeanor criminal offense in New York and will appear on your criminal record forever. A DWI will be classified as a felony if it is a second offense or a child under 16 was in the vehicle (Leandra’s Law). The consequences of a DWI conviction can affect your job and freedom. Lastly, with most driving-related offenses, your car insurance company will either drop your policy or double your premium.

Therefore, If you are charged with a DWI, call Attorney Travis for your FREE Consultation. He will evaluate your case and discuss the possible outcomes. He will challenge the prosecution’s evidence and officer’s testimony. Andrew will fight to get your charges reduced or outright dismissed. Trust Travis. You’ll be glad you did.

According to NY State law, a DWI is an unclassified misdemeanor under Vehicle & Traffic Law section 1192-2 (DWI per se over .08% Blood Alcohol Content) and 1192-3 (common law DWI):

“1192:2 Driving while intoxicated; per se. No person shall operate a motor vehicle while such person has .08 of one per centum or more by weight of alcohol in the person’s blood as shown by chemical analysis of such person’s blood, breath, urine or saliva, made pursuant to the provisions of section eleven hundred ninety-four of this article.
1193:3. Driving while intoxicated. No person shall operate a motor vehicle while in an intoxicated condition.”