DWI Penalties
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) |
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| 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) |
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| 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) |
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| 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 |
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| 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 |
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| 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. |
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| 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). |
- Greater penalties can also apply for multiple alcohol or drug violations within a 10-year period.
- Surcharges are added to misdemeanors ($160) and felonies ($270).
- The driver license penalties for drivers under the age of 21, and for drivers of commercial motor vehicles and other professional drivers, are different.
- 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.
- 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.
- Also, a period of ignition interlock may be required