What are DWI penalties in New York?

New York's drunk driving statute, Vehicle and Traffic Law (VTL) § 1192, establishes one of the most graduated frameworks in the country.

1. BAC Limits and Charge Tiers — Driving While Ability Impaired (DWAI) at .05-.07; Driving While Intoxicated (DWI) at .08+; Aggravated DWI at .18+; Commercial DWI at .04+; Zero Tolerance for under 21 at .02-.07.

2. First DWI Offense — Misdemeanor: $500-$1,000 fine, up to 1 year in jail, minimum 6-month license revocation, 3-year probation possible, mandatory Drinking Driver Program, and mandatory ignition interlock for at least 1 year (Leandra's Law).

3. First Aggravated DWI (.18+) — Misdemeanor: $1,000-$2,500 fine, up to 1 year jail, 1-year license revocation, mandatory IID.

4. Second DWI within 10 years — Class E felony: $1,000-$5,000 fine, up to 4 years state prison, minimum 1-year revocation, 5 years probation, and IID for at least 1 year.

5. Third DWI within 10 years — Class D felony: $2,000-$10,000 fine, up to 7 years prison, minimum 1-year revocation, and permanent revocation common.

6. DWAI First Offense — Traffic infraction (not a misdemeanor): $300-$500 fine, up to 15 days jail, 90-day license suspension.

7. Implied Consent (VTL § 1194) — Refusing a chemical test triggers an automatic 1-year license revocation ($500 civil penalty), separate from the criminal case.

8. Leandra's Law — A child under 16 in the vehicle elevates a first DWI to a Class E felony with up to 4 years prison.

9. Vehicular Assault (Penal Law § 120.03) — Class E felony for causing serious physical injury while intoxicated.

10. Vehicular Manslaughter (Penal Law § 125.12-125.14) — Class C or B felony depending on circumstances, with up to 25 years prison.

This is legal information, not legal advice.