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DWI Penalties (New York)

Penalties for Alcohol-related and Drug-related Violations
Violation (1) Mandatory Fine (2) Maximum Jail Term Mandatory Driver License Action (3)
Aggravated Driving While Intoxicated (A-DWI) $1,000 - $2,500 1 year Revoked for at least one year
Second A-DWI in 10 years (E felony)(1) $1,000 - $5,000 4 years Revoked for at least 18-months (5)
Third A-DWI in 10 years (D felony)(1) $2,000 - $10,000 7 years Revoked for at least 18-months (4,5)
Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug) $500 - $1,000 1 year DWI-Revoked for at least six months
DWAI-Drugs - Suspended for at least six months
Second DWI/DWAI-Drug violation in 10 years (E felony)(1) $1,000 - $5,000 4 years Revoked for at least one year
Third DWI/DWAI-Drug violation in 10 years (D felony)(1) $2,000 - $10,000 7 years Revoked for at least one year (4)
Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination) $500 - $1,000 1 year Revoked for at least six months
Second DWAI/Combination in 10 years (E felony)(1) $1,000 - $5,000 4 years Revoked for at least one year/18 months (5)
Third DWAI/Combination in 10 years (D felony)(1) $2,000 - $10,000 7 years Revoked for at least one year/18 months (4,5)
Driving While Ability Impaired by Alcohol (DWAI) $300 - $500 15 days Suspended for 90 days
Second DWAI violation in 5 years $500 - $750 30 days Revoked for at least six months
Zero Tolerance Law $125 civil penalty and $100 fee to terminate suspension None Suspended for six months
Second Zero Tolerance Law $125 civil penalty and $100 re-application fee None Revoked for one year or until age 21
Chemical Test Refusal $500 civil penalty ($550 for commercial drivers) None Revoked for at least one year, 18 months for commercial drivers.
Chemical Test Refusal within five years of a previous DWI-related charge/Chemical Test Refusal $750 civil penalty None Revoked for at least 18 months, one-year or until age 21 for drivers under age 21, permanent CDL revocation for commercial drivers.
Chemical Test Refusal - Zero Tolerance Law $300 civil penalty and $50 re-application fee None Revoked for at least one year.
Chemical Test Refusal - Second or subsequent Zero Tolerance Law $750 civil penalty and $50 re-application fee None Revoked for at least one year.
Driving Under the Influence - (Out-of-State) N/A N/A Revoked for at least 90 days. If less than 21 years of age, revoked at least one year.
Driving Under the Influence - (Out-of State) with any previous alcohol-drug violation N/A N/A Revoked for at least 90 days (longer term with certain prior offenses). If less than 21 years of age, revoked at least one year or until age 21 (longest term).
  1. Greater penalties can also apply for multiple alcohol or drug violations within a 10-year period.
  2. Surcharges are added to misdemeanors ($160) and felonies ($270).
  3. The driver license penalties for drivers under the age of 21, and for drivers of commercial motor vehicles and other professional drivers, are different.
  4. Three or more alcohol or drug-related convictions or refusals within 10 years can result in permanent revocation, with a waiver request permitted after at least 5 years.
  5. A driver with an Aggravated DWI violation conviction within the prior 10 years will receive a minimum 18-month revocation if convicted of DWI, DWAI/Drugs or DWAI/Combination. Also a driver with a prior DWI, Aggravated DWI, DWAI/Drugs or DWAI/Combination with the prior 10 years will receive a minimum 18-month revocation.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

The Law Office of Lance Fletcher, PLLC - New York DWI Attorney
Located at 225 Broadway, Suite 2700, New York, NY 10007.
Phone: (212) 619-3900.
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