NYS DWI Penalties

Anyone who drinks and drives in New York State can expect to face severe penalties for their crime. The first DWI someone gets in New York is classified as a misdemeanor in most cases. The second DWI is typically a felony, if it happens within a certain amount of time from when the first offense occurred. The third DWI within 10 years of that first offense escalates to an even more serious felony in New York, which has its own set of severe consequences. If you happen to get caught driving while intoxicated, then it’s beneficial to hire a DWI lawyer to provide you with sound legal advice.

DWI Penalties in New York

The first thing to understand is that there are different crimes that you can be charged for. These include:

1. DWI

DWI stands for driving while intoxicated. Your blood alcohol content is at or above the legal limit of .08, but under .18.

Consequences for 1st offense can include:

  • Misdemeanor
  • Ignition interlock device installed in any vehicle you own or operate
  • $500 to $1,500 fine to the state plus applicable state surcharge
  • Up to one year in jail
  • Minimum of 6 months license revocation

Consequences only increase for second and third DWI offenses within 10 years of the first DWI offense.

2. DWAI

DWAI stands for driving while ability impaired by alcohol. Your blood alcohol content is under .08, which is the legal limit in the state. This is the lesser crime of the two, but it still comes with consequences for the person who gets charged.

Consequences for 1st offense:

  • Up to 15 days in jail
  • $300 to $500 fine to the state plus applicable state surcharge
  • License suspension for 90 days

3. Aggravated DWI

Your blood alcohol content while driving was .18 or higher. The consequences of this charge are similar to those of a regular DWI, although they do vary with each person and situation. The main difference with the consequences of this charge is that the duration of the revocation of license can be greater. The license may also be permanently lost with multiple offenses.

Contacting Our Team

We are ready to help you whenever you need it, so call our firm at 607-231-6967 right away.

We will provide you with the information you need to make sure you are fully aware of your case, your rights, and what the outcome of your case might be.

DWI Defense Overview

We realize that cost is a factor when choosing an attorney. Our clients understand that serious crimes require serious, skillful and diligent representation. Every case is different and we cannot quote you a retainer fee without first speaking to you and learning about your case and charges. We are happy to consult with you at the jail, if needed. While we do charge a small consultation fee for a jail visit, we apply that fee toward your retainer if you ultimately choose to retain us.