Penalties for New York drunk driving convictions

New York law imposes severe penalties on convictions of both DWAI (Driving While Ability Impaired) and DWI (Driving While Intoxicated). The penalties consist of monetary fines and/or jail sentences, as well as license suspensions or revocations.

The law is very specific about the penalties, but it is also somewhat complicated because the penalties vary based on the type of offense, the blood alcohol content, and whether or not there have been prior offenses. This article provides some general information about DWAI and DWI penalties, but you should check with your New York drunk driving lawyer for the exact penalties that may apply to you.

DWAI and DWI fines

All DWAI and DWI convictions come with the possibility of a monetary fine. The amount of the fine increases with second or third offenses. For first offenses, the fines are as follows:

  • DWAI (alcohol): $300 to $500.
  • DWI: $500 to $1000.
  • DWAI (drug or alcohol and drug combined): $500 to $1000.
  • Aggravated DWI: $1000 to $2500.

Jail sentence

The penalties for DWAI and DWI convictions include a fine or a jail sentence, or both a fine and a jail sentence. As with fines, the amount of the jail sentence increases with second or third offenses. For first offenses, the jail sentences are as follows:

  • DWAI (alcohol): up to 15 days.
  • DWI: up to 1 year.
  • DWAI (drug or alcohol and drug combined): up to 1 year.
  • Aggravated DWI: up to 1 year.

Driver’s license suspension or revocation

For first offenses, the driver’s license suspensions or revocations for people age 21 or older are as follows:

  • DWAI (alcohol): 90 day suspension.
  • DWI: minimum 6 month revocation.
  • DWAI (drug or alcohol and drug combined): minimum 6 month revocation.
  • Aggravated DWI: minimum 1 year revocation.

The minimum driver’s license revocations are longer for people under the age of 21.

Other repercussions

In addition to the fine and/or jail sentences imposed by New York law, there are other financial repercussions of a drunk driving conviction. These include:

  • Towing and impound costs for your car.
  • Court costs and attorney fees.
  • Fees for alcohol or drug programs.
  • Increase in the cost of car insurance.

Get help with your New York DWAI or DWI charge

If you are not already represented by a New York drunk driving lawyer, consider asking for our evaluation of your case. Complete the short Case Evaluation Form to the right, or you may e-mail or call our office at:

Sciarrino & Sciarrino, P.C.
Western New York | Rochester DWI Defense Lawyers

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Areas Served: We handle DWI and DWAI cases in western New York, including: Allegany County: Wellsville, Alfred, Cuba, Caneadea, Amity, Bolivar, Hume, Friendship, Genesee, Belfast, Almond, Angelica, Burns, Wirt, Clarksville, Belmont, Alma, New Hudson, Allen, Richburg, and West Almond. Genesee County: Batavia, Le Roy, Pembroke, Byron, Stafford, Oakfield, Bergen, Darien, Pavilion, Alexander, Elba, Alabama, Bethany, and Corfu. Livingston County: Geneseo, Livonia, Avon, North Dansville, Dansville, Caledonia, Mt. Morris, Lima, Groveland, York, Nunda, Conesus, Springwater, Sparta, West Sparta, and Ossian. Monroe County: Rochester, Greece, Irondequoit, Perinton, Henrietta, Webster, Brighton, Penfield, Gates, Chili, Pittsford, Ogden, Parma, Sweden, Hamlin, Mendon, East Rochester, Clarkson, Fairport, Riga, Wheatland, Rush, and Honeoye Falls. Orleans County: Albion, Ridgeway, Medina, Murray, Shelby, Gaines, Clarendon, Carlton, Kendall, Yates, and Barre. Steuben County: Bath, Corning, Hornell, Erwin, Wayland, Hornellsville, Campbell, Canisteo, Addison, Cohocton, Urbana, Avoca, Caton, Prattsburg, Lindley, Hornby, Woodhill, Howard, Pulteney, Tuscarora, Thurston, Jasper, Wheeler, Wayne, Troupsburg, Rathbone, Cameron, Hartsville, and West Union. Wyoming County: Perry, Attica, Warsaw, Arcade, Bennington, Castile, Sheldon, Gainesville, Java, Middlebury, Covington, Orangeville, Eagle, Pike, Silver Springs, and Genesee Falls.

Experienced lawyers in other regions: Orange County DUI Attorney, Riverside DUI Lawyer