New York DWI Laws
New York has several laws in place to protect drivers from drunk driving. If charged with a drunk driving offense, a person could face up to 1 year in jail and a $1,000 fine. Driver’s with a New York state driver’s license are required to comply with chemical blood testing to analyzer the blood alcohol content (BAC) in a person’s system.
The legal limit is as follows:
- Standard, non-commercial drivers: 0.08% BAC
- Commercial drivers: 0.04% BAC
- Drivers under 21: 0.02% BAC
Penalties, Fines, & Suspension
| Penalties, Fines, & Suspension | |||
|---|---|---|---|
| Penalty | 1st offense | 2nd offense | 3rd offense |
| Sentence | Up to 1 year | Up to 4 years | Up to 7 years |
| Fine | $500-$1,000 | $1,000-$5,000 | $2,000-$10,000 |
| Driver’s License Suspension | 90 day suspension | 1 year revocation | 1 year revocation |
Aggravated DWI
An aggravated DWI (or AGG-DWI) is charged when a driver has a BAC of 0.18% or higher. This BAC is considered especially dangerous and egregious, therefore is subject to a higher standard of punishment.
| Penalties, Fines, & Suspension for an Aggravated DWI | |||
|---|---|---|---|
| Penalty | 1st offense | 2nd offense | 3rd offense |
| Sentence | Up to 1 year | Up to 4 years | Up to 7 years |
| Fine | $500-$1,000 | $1,000-$5,000 | $2,000-$10,000 |
| Driver’s License Suspension | 1 year revocation | 18 month revocation | 18 month revocation |
Chemical Test Refusal
New York has an implied consent law that makes it illegal to refuse a chemical test, such as a breathalyzer, if you have a New York state driver’s license. If you refuse to comply with any alcohol testing, the punishment will be a 1 year driver’s license revocation, even if you are not found guilty of the DWI charge.
Ignition Interlock
New York requires the use of a Breath Alcohol Ignition Interlock Device (BAIID) for all DWI first offenders. This device only allows the driver to operate the vehicle after passing a breath analyzer test. The installation cost will be covered by the convicted party in addition to the other fines and penalties.
Criminal Record
In New York, a DWI can stay on your record for up to 10 years. That means that the courts can (and, likely, will) use a previous DWI conviction to increase penalties in the event of another DWI. After a second DWI offense, the charge will likely be upgraded to a more serious charge.
Under 21
The legal drinking age is 21 years. In DWI cases where the driver is under 21, the penalties can be different. Under New York’s “zero tolerance” law, the legal BAC is 0.02% and anything above 0.07% BAC is an aggravated DWI.
1st offense: minimum 1 year revocation
2nd offense: 1 year revocation or until driver turns 21 (whichever is longer)
3rd offense: 1 year revocation or until driver turns 21 (whichever is longer)
DWI with a Child Passenger
If a driver is charge of a DWI with a child under 16 in their vehicle, the punishment is automatically scaled as a Class E felony. That can carry up to 4 years in prison, 12 months with an ignition interlock device, and increased fines.
More on NY DWI Laws:
New York State – Penalties for alcohol or drug-related violations: https://dmv.ny.gov/tickets/penalties-alcohol-or-drug-related-violations
New York State – You and the Drinking Driving Laws: https://dmv.ny.gov/brochure/c-39ddl-web.pdf