A Complete Guide to New York DUI-DWI Laws: From First Offense to Felony Charges

June 20, 2025

A Complete Guide to New York DUI-DWI Laws: From First Offense to Felony Charges

Introduction

New York State has a complex and multi-tiered system for addressing impaired driving, distinguishing between different levels of impairment and severity of offenses. The primary offenses are "Driving While Intoxicated" (DWI), "Driving While Ability Impaired by Alcohol" (DWAI), "Driving While Ability Impaired by Drugs" (DWAI-Drug), and "Aggravated Driving While Intoxicated" (Agg-DWI). These laws are strictly enforced through both criminal penalties by the courts and administrative actions by the New York State Department of Motor Vehicles (DMV). The state's goal is to reduce impaired driving and enhance public safety. Penalties are severe and escalate significantly for repeat offenses, higher Blood Alcohol Content (BAC) levels, or those involving aggravating circumstances, particularly Leandra's Law which applies when a child is in the vehicle. Understanding these regulations is crucial for anyone driving in New York.

The General Framework of New York's Impaired Driving Laws

New York Vehicle and Traffic Law (VTL) Section 1192 outlines the various offenses:

Driving While Ability Impaired (DWAI) - VTL §1192(1):
- Operating a motor vehicle while the person's ability to operate is impaired by the consumption of alcohol.
- BAC of $0.05%$ to $0.07%$ .
- This is a traffic infraction, not a criminal offense for a first offense.
Driving While Intoxicated (DWI) - VTL §1192(2) (Per Se) or §1192(3) (Common Law):
- Per Se: BAC of $0.08%$ or more.
- Common Law: Operating a motor vehicle while in an "intoxicated condition" (even if BAC is not known or is below $0.08%$ , based on observable signs of intoxication).
- A first violation is a misdemeanor.
Aggravated Driving While Intoxicated (Agg-DWI) - VTL §1192(2-a):
- Operating a motor vehicle with a BAC of $0.18%$ or more.
- A first violation is a misdemeanor but carries harsher penalties.
Driving While Ability Impaired by Drugs (DWAI-Drug) - VTL §1192(4):
- Operating a motor vehicle while the person's ability is impaired by the use of a drug.
- A first violation is a misdemeanor.
Driving While Ability Impaired by a Combination of Alcohol and Drugs (DWAI-Combination) - VTL §1192(4-a):

Operating a motor vehicle while impaired by a combination of alcohol and drugs.
A first violation is a misdemeanor.

Need a lawyer in your state?

Check out our 'finding a lawyer' page

Special BAC Limits:

Commercial Vehicle Operators: BAC of $0.04%$ or more is considered DWI.
Drivers Under 21 (Zero Tolerance Law): A BAC of $0.02%$ to $0.07%$ results in immediate suspension and civil penalties, regardless of impairment. If BAC is $0.08%$ or higher, they face the same DWI charges as adults.

Implied Consent Law

New York has an implied consent law (VTL §1194). By operating a motor vehicle in the state, you are deemed to have given your consent to a chemical test (blood, breath, urine, or saliva) to determine the alcohol or drug content of your blood if you are lawfully arrested for a DWI/DWAI offense and the officer has reasonable grounds to believe you were impaired.

Refusal to Test: Refusing a chemical test in New York carries severe administrative penalties from the DMV, separate from any criminal prosecution for the underlying DWI/DWAI charge. Refusal can also be used as evidence against you in court.

First refusal: Automatic 1-year driver's license revocation. A civil penalty of $500 ($550 for commercial drivers).
Second refusal (within 5 years of a prior DWI-related charge/refusal): Automatic 18-month driver's license revocation. A civil penalty of $750.
Refusal by drivers under 21 (Zero Tolerance Law): Automatic 1-year revocation and $300 civil penalty for a first refusal. Subsequent refusals carry longer revocations and higher penalties.

New York DWI Statistics

New York State has made efforts to reduce impaired driving, and recent data shows some positive trends:

According to the New York State Highway Safety Annual Report (FFY 2024), alcohol-impaired driving fatalities decreased from 379 in 2022 to 330 in 2023, a positive trend.
Total impaired driving tickets (including alcohol and drugs) issued in New York State were 46,782 in 2023, a slight increase from 44,391 in 2022, suggesting ongoing enforcement.
In NYC in 2024 (preliminary data up to November), there were nearly 19,500 DUI arrests statewide. Manhattan, Brooklyn, and Queens show the highest numbers of alcohol-involved car accidents among the boroughs.

These statistics highlight that while progress is being made, impaired driving remains a significant public safety challenge that the state continues to address through enforcement and education.

Penalties for DWI in New York

New York's penalties are substantial and vary significantly based on the specific charge and prior offenses. New York uses a 10-year "look-back" period for most repeat DWI/DWAI offenses to determine felony classification and enhanced penalties. However, some prior offenses (like DWAI) have a 5-year look-back, and the DMV can consider incidents up to 25 years back for re-licensing decisions, and in cases of serious violations (like vehicular manslaughter or multiple DWIs), a lifetime look-back may apply.

Driving While Ability Impaired (DWAI - VTL §1192(1))

First Offense (Traffic Infraction):
- Fines: $300 - $500.
- Jail Time: Up to 15 days (rarely imposed).
- License Suspension: 90 days.
- Driver Responsibility Assessment: $250/year for 3 years.
Second Offense (within 5 years - Misdemeanor):
- Fines: $500 - $750.
- Jail Time: Up to 30 days.
- License Revocation: At least 6 months.
- Driver Responsibility Assessment: $250/year for 3 years.
Third or Subsequent Offense (within 10 years - Misdemeanor):
- Fines: $750 - $1,500.
- Jail Time: Up to 180 days.
- License Revocation: At least 6 months.
- Driver Responsibility Assessment: $250/year for 3 years.

Driving While Intoxicated (DWI - VTL §1192(2) or (3)) or DWAI-Drug (VTL §1192(4)) or DWAI-Combination (VTL §1192(4-a))

First Offense (Misdemeanor):
- Fines: $500 - $1,000.
- Jail Time: Up to 1 year.
- License Revocation: At least 6 months.
- Ignition Interlock Device (IID): Mandatory installation for at least 6 months (typically 1 year) upon license restoration, as per Leandra's Law.
- Driver Responsibility Assessment: $250/year for 3 years.
- Surcharges: ~$395-$400 for misdemeanors.
Second Offense (within 10 years - Class E Felony):
- Fines: $1,000 - $5,000.
- Prison Time: Up to 4 years.
- License Revocation: At least 1 year.
- IID: Mandatory installation for at least 1 year (typically longer, 12-18 months minimum) upon license restoration.
- Driver Responsibility Assessment: $250/year for 3 years.
- Surcharges: ~$520 for felonies.
Third Offense (within 10 years - Class D Felony):
- Fines: $2,000 - $10,000.
- Prison Time: Up to 7 years.
- License Revocation: At least 1 year.
- IID: Mandatory installation for at least 1 year (typically longer) upon license restoration.
- Driver Responsibility Assessment: $250/year for 3 years.
- Surcharges: ~$520 for felonies.

Aggravated Driving While Intoxicated (Agg-DWI - VTL §1192(2-a) - BAC $\geq 0.18%$ )

First Offense (Misdemeanor):
- Fines: $1,000 - $2,500.
- Jail Time: Up to 1 year.
- License Revocation: At least 1 year.
- IID: Mandatory installation for at least 1 year upon license restoration.
- Driver Responsibility Assessment: $250/year for 3 years.
- Surcharges: ~$395-$400.
Second Agg-DWI (within 10 years - Class E Felony):
- Fines: $1,000 - $5,000.
- Prison Time: Up to 4 years.
- License Revocation: At least 18 months.
- IID: Mandatory installation for at least 18 months upon license restoration.
- Driver Responsibility Assessment: $250/year for 3 years.
- Surcharges: ~$520.
Third Agg-DWI (within 10 years - Class D Felony):
- Fines: $2,000 - $10,000.
- Prison Time: Up to 7 years.
- License Revocation: At least 18 months.
- IID: Mandatory installation for at least 18 months upon license restoration.
- Driver Responsibility Assessment: $250/year for 3 years.
- Surcharges: ~$520.

Leandra's Law (DWI/DWAI with Child Passenger) - VTL §1192(2-a)(b)

This law applies if you are convicted of DWI, DWAI-Drug, or DWAI-Combination with a child 15 years of age or less as a passenger.

First Offense (Class E Felony):
- Prison Time: Up to 4 years.
- License Revocation: At least 1 year.
- IID: Mandatory installation (typically longer periods, e.g., 18 months to 3 years or more).
DWI/DWAI-Drug/Combination causing serious physical injury to a child under 16 (Class C Felony): Up to 15 years in state prison.
DWI/DWAI-Drug/Combination causing death of a child under 16 (Class B Felony): Up to 25 years in state prison.

Other Significant Penalties:

Zero Tolerance Law (Under 21 with BAC $0.02%$ to $0.07%$ ):
- First Offense: 6-month license suspension, $125 civil penalty, $100 fee to terminate suspension.
- Second Offense: 1-year license revocation (or until age 21, whichever is longer), $125 civil penalty, $100 re-application fee.
Mandatory Surcharges and Fees: In addition to fines, various mandatory surcharges ($395-$400 for misdemeanors, $520 for felonies) and other fees (e.g., crime victim assistance fee, alcohol fee) apply.
Driver Responsibility Assessment (DRA): This is a separate annual fee paid to the DMV for 3 years, regardless of fines or other penalties ($250/year for DWAI, $250/year for DWI/Agg-DWI).
Permanent Revocation: Three or more alcohol or drug-related driving convictions or chemical test refusals within 10 years can result in permanent license revocation. A waiver request may be permitted after at least 5 years.
Probation/Conditional Discharge: Courts often impose a period of probation or conditional discharge, with conditions such as IID installation, alcohol assessment, and treatment.
Vehicle Forfeiture: Possible in some cases, especially for repeat felony offenses.
Collateral Consequences: A DWI/DWAI conviction can lead to social stigma, difficulty with employment, professional license issues, significantly increased insurance premiums (SR-22 is often implicitly required by insurance companies due to risk), and restrictions on travel (e.g., entry into Canada). A felony conviction results in loss of certain civil rights.

Conclusion

New York's impaired driving laws are multifaceted and among the most rigorous in the United States. The distinct classifications (DWAI, DWI, Agg-DWI) allow for a nuanced approach, but the penalties are consistently severe. The strict 10-year look-back period (and longer for DMV actions or serious offenses), the mandatory Ignition Interlock Device requirement, and the harsh implications of Leandra's Law for those driving with children, underscore the state's unwavering commitment to combating impaired driving. The independent and substantial penalties for chemical test refusal further deter non-compliance. Understanding these intricate laws and the dual nature of criminal and administrative penalties is paramount for any driver in New York. For anyone facing a DWI/DWAI charge in the Empire State, immediate consultation with an experienced New York DWI defense attorney is strongly advised to navigate the complexities of the legal system and safeguard your rights and future.

From another state?

Check out our 'Laws by state' page

Search This Blog

DUI Legal Information & Support