New York DWI Fines, Penalties, & Sentencing

When faced with a DWI arrest and/or conviction in the State of New York, there are a number of issues to consider: Will you have to serve jail time? If so, for how long? Or is probation a possibility? What will you owe in fines? Will your license be suspended, and for how long? Will you have to go to a DWI school or do community service?

Here are the basic laws regarding DWI fines and sentencing that apply to all states, or New York specifically:

New York DUI Glossary of Terms

New York DUI Insurance Consequences

What Happens When You Get Stopped for Drunk Driving?

How Does a Drunk Driving Conviction Affect Your Record?

First New York DWI Offense:

New York Criminal Status: Non-injury DWAIs are generally traffic infractions, non-injury DWIs are generally misdemeanors. DWAIs and DWIs that result in bodily injury may be elevated to felony status, depending upon on the circumstances.

Jail: DWAI: up to 15 days in jail. DWI: up to one year in jail. Actual time served will depend on the circumstances surrounding the DWI and the judge.

Ignition Interlock Device (IID): Effective August 15, 2010, “Leandra’s Law,” promulgates that all first time misdemeanor offenders must install an IID on their vehicle for a minimum of 6 months.  The offender also must bear the costs of the IID. The installation cost is approximately $100 and the monthly IID maintenance fee ranges from $70 to $100.

DWI Arrest with a Child in the Car:  Under “Leandra’s Law”, driving impaired or with at least a blood alcohol level of .08 with a child passenger age 15 and under, is a Class E felony-for both first-time and repeat offenders.  The offense carries 1 to 4 years in prison, and a fine ranging from $1,000 to $5,000.

New York DWI Fines/Costs: 

• DWAI: $300 – $500 plus possible penalty assessments.
• DWI: $500 – $1,000 plus possible penalty assessments.
• Zero Tolerance: $125 civil penalty, $100 suspension termination fee.
• Driver Responsibility Assessment: $250 – may need to be paid annually for 3 consecutive years ($750 total) on top of fines listed above.

New York License Suspension:

• DWAI: 90 day suspension.
• DWI: Revoked for at least 6 months.

Violation of Zero Tolerance Law: 6 months suspension

New York Conditional License: Possible after participating in New York’s Drinking Driver Program (DDP).

Vehicle Impound: Yes.

New York DWI School: Attendance at a Victim Impact Panel, Optional Drinking Driver Program (DDP).

New York Probation: Possible probation, usually report to a probation officer. Offenders are tracked through probation and treatment for re-licensing purposes.

New York Community Service: Community service may be possible as part of probation, but it depends on the court and the individual judge.

Second New York DWI Offense, Or More

New York Criminal Status: Non-injury DWAIs are generally traffic infractions, non-injury DWIs are generally misdemeanors. DWAIs and DWIs that result in bodily injury may be elevated to felony status, depending upon on the circumstances.

Jail: Minimum of 5 days (or community service as an alternative), maximum of 30 days.

New York DWI Fines/Costs: 

• Second DWAI violation in five years: $500 – $750, plus fees and assessments.
• Second DWI violation in 10 years: $1,000 – $5,000, plus fees and assessments.
• Second violation of Zero Tolerance Law: $125 civil penalty and $100 reapplication fee.

New York License Suspension:

• Second DWAI in five years: 6 month revocation
• Second DWI: one year revocation
• Second Zero Tolerance Law violation: one year revocation or until 21

Vehicle Impound: Yes.

New York DWI School: Possible attendance Drinking Driver Program (DDP) Link: https://www.nydmv.state.ny.us/broch/c40.htm. Additionally, courts may require attendance at a “Victim Impact Program”

New York Probation: Yes. Depends on offense, court and judge. Offenders are tracked through probation and treatment for re-licensing purposes. Alcohol or drug treatment program may be prescribed by court as part of probation. Probation periods for misdemeanors are between one and three years.

New York Community Service: 5 days of community service generally required.

Other:

Commercial Vehicle: 

Per se – level 1 (BAC of .04 – .07); fine of $300 – $500 (plus possible assessments); misdemeanor, maximum possible jail term of 15 days, 1 year CDL (commercial driver’s license)
Class A, B or C disqualification or 3 years if driving a vehicle that requires hazardous materials placards.

Per se – level 2 (BAC of .06 to .08, fine of $500 – $1,500 (plus possible assessments), misdemeanor, maximum possible jail term of 180 days, 1 year CDL disqualification / revocation. CDL operators under the age of 21 will be guilty of DWI with a BAC of .02 – .04.

Under Age: 21

New York DWI Insurance Consequences: How a DUI/DWI Affects Your Car Insurance.

New York Open Container Laws: Yes. Driver/passenger.

How long does a DWI stay on your record? A DWI in New York stays on your driving record for 10 years.

Driver Responsibility Tax: Yes. New York has a driver responsibility ‘assessment’ of $250 that may need to be paid annually for three consecutive years ($750 total) on top of fines.

Ignition interlock device program: To be repealed September 2007.

More DUI Information and Resources: New York DUI Statutes, Resources – Do you need a DUI Lawyer? – Post Your Case to a New York DUI Attorney. No Cost. No Obligation.