What happens if I get a DUI/DWI in New York?
New York has a tiered DWI structure that distinguishes between DWAI (driving while ability impaired) and DWI (driving while intoxicated), with separate penalties for each.
1. Per Se BAC Standard
N.Y. Veh. & Traf. Law § 1192(2) prohibits driving with a BAC of 0.08% or higher; § 1192(2-a) creates "Aggravated DWI" at 0.18%+. Commercial drivers face a 0.04% limit under § 1192-a, and § 1192-a Zero Tolerance applies to drivers under 21 at 0.02%-0.07%. DWAI by alcohol applies at 0.05%-0.07% under § 1192(1).
2. Implied Consent
N.Y. Veh. & Traf. Law § 1194 requires submission to chemical testing. A first refusal results in a 1-year license revocation and a $500 civil penalty after a DMV refusal hearing; commercial drivers face an 18-month revocation.
3. First-Offense Penalties
Misdemeanor DWI: up to 1 year jail, $500-$1,000 fine, 6-month license revocation, mandatory ignition interlock for 12 months under § 1198, and 3 years of $250 annual Driver Responsibility Assessments. Aggravated DWI (0.18%+) carries a 1-year revocation.
4. Enhancements
Second DWI within 10 years is a Class E felony; third DWI within 10 years is a Class D felony under § 1193. Leandra's Law (§ 1192(2-a)(b)) makes any DWI with a child under 16 in the vehicle an automatic Class E felony. Vehicular manslaughter (Penal Law § 125.12) is a Class D or C felony.
5. Administrative License Suspension (ALS)
The arraignment court suspends your license "pending prosecution" at arraignment if BAC is 0.08%+. A separate DMV refusal hearing must be requested within 15 days to challenge a chemical-test refusal revocation.
6. Court Process
Arraignment, pretrial conferences, motion practice (CPL § 710), plea bargaining (DWAI plea common), and bench or jury trial.
7. Long-Term Consequences
SR-22 not required, but insurance assigned-risk pool common; the DRA totals $750 over 3 years; federal CDL disqualification for 1 year (49 C.F.R. § 383.51); conviction is permanent on the driving record.
This is legal information, not legal advice.
- Leandra's Law felony with child passenger
- Refused chemical test facing 1-year DMV revocation
- CDL holder facing commercial disqualification
- N.Y. Veh. & Traf. Law § 1192
- N.Y. Veh. & Traf. Law § 1194
- N.Y. Veh. & Traf. Law § 1198
- 49 C.F.R. § 383.51
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.