As a New York City DWI Defense Attorney, I am dedicated to the defense of DWI cases, which is an area of the law that is always changing and requires highly specialized knowledge and training. I am a member of The National College For DUI Defense and a Founding member of DUI-Help and GOTDUI.
As I recently discussed in The New York Times, in light of several highly publicized drunk driving fatalities, the NYPD and the City’s five District Attorneys have agreed to a new procedure intended to expedite the process of obtaining a search warrant for blood draws in cases where a serious bodily injury or a fatality has occurred, intoxication is suspected, and a breathalyzer has been refused.
In addition, although “Leandra’s Law” unanimously passed the State Senate and was signed into law by Governor Patterson in November 2009, it has not yet become effective. This new law makes it a felony punishable by up to four years in jail to drive drunk (.08% or higher) with a child 15 years or younger in the car in New York State, and requires first time DWI offenders to install ignition interlock devices.
Just below, I’ve listed the criminal charges you could face on a DWI Arrest – and the Penalties. And if you find yourself facing charges of Driving While Intoxicated in NYC, and need assistance, don’t hesitate to call me anytime at my 24 hour emergency number – (212) 785-1100.
DWI OFFENSES IN NEW YORK CITY
DRIVING WHILE ABILITY IMPAIRED, V.T.L. §1192(1)
CATEGORY: TRAFFIC VIOLATION
UNCLASSIFIED MISDEMEANOR (IF CONVICTION AFTER PRIOR CONVICTION OF ANY SUBDIVION OF §1192 TWO TIMES IN PAST 10 YEARS WILL RESULT IN UNCLASSIFIED MISDEMEANOR)
PROOF REQUIRED: OPERATION OF A MOTOR VEHICLE ON A PUBLIC HIGHWAY AFTER VOLUNTARY CONSUMPTION OF ALCOHOL RESULTING IN THE INABILITY TO OPERATE A MOTOR VEHICLE IN A PRUDENT AND CAUTIOUS MANNER.
DRIVING WHILE INTOXICATED PER SE, V.T.L. §1192(2)
CATEGORY: UNCLASSIFIED MISDEMEANOR
E FELONY IF PRIOR DWI CONVICTION IN PAST 10 YEARS
PROOF REQUIRED: OPERATION OF A MOTOR VEHICLE ON A PUBLIC HIGHWAY BY A PERSON WHOSE BLOOD CONTAINS .08% BAC OR HIGHER IN THE PERSON’S BLOOD AS SHOWN BY CHEMICAL ANALYSIS OF BLOOD, BREATH, URINE OR SALIVA
DRIVING WHILE INTOXICATED, COMMON LAW, V.T.L. §1192(3)
CATEGORY: UNCLASSIFIED MISDEMEANOR
E FELONY IF PRIOR CONVICTION FOR DWI IN PAST 10 YEARS
PROOF REQUIRED: OPERATION OF A MOTOR VEHICLE ON A PUBLIC HIGHWAY WHEN SUCH PERSON HAS CONSUMED ALCOHOL TO THE EXTENT THAT THEY ARE INCAPABLE, TO A SUBSTANTIAL EXTENT, OF EMPLOYING THE PHYSICAL AND MENTAL ABILITIES EXPECTED TO POSESS IN ORDER TO OPERATE A VEHICLE AS A REASONABLE AND PRUDENT DRIVER.
AGGRAVATED DRIVING WHILE INTOXICATED,V.T.L. §1192(2)(a)
CATEGORY: UNCLASSIFIED MISDEMEANOR
E FELONY IF PRIOR DWI IN PAST 1O YEARS
PROOF REQUIRED: OPERATION OF A MOTOR VEHICLE ON A PUBLIC HIGHWAY WITH .18% BAC OR HIGHER AS SHOWN BY TESTING OF BLOOD, BREATH, URINE OR SALIVA
ZERO TOLERANCE LAW
CATEGORY: CIVIL – HANDLED ENTIRELY BY DMV, NOT CRIMINAL COURT
PROOF REQUIRED: OPERATING A MOTOR VEHICLE ON A PUBLIC HIGHWAY UNDER THE AGE OF 21 YEARS OLD WITH BAC OF .02% – .07% BAC AS SHOWN BY CHEMICAL ANALYSIS OF BLOOD, BREATH, URINE, OR SALIVA [NO IMPAIRMENT IS REQUIRED TO BE SHOWN]
PENALTIES FOR DWI IN NEW YORK
| Violation (1) | Mandatory Fine (2) | Maximum Jail Term |
Mandatory Driver License Action (3) |
| Aggravated Driving While Intoxicated (A-DWI) | $1,000 – $2,500 | 1 year | Revoked for at least one year |
| Second A-DWI in 10 years (E felony)(1) | $1,000 – $5,000 | 4 years | Revoked for at least 18-months (5) |
| Third A-DWI in 10 years (D felony)(1) | $2,000 – $10,000 | 7 years | Revoked for at least 18-months (4,5) |
| Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug) | $500 – $1,000 | 1 year | DWI-Revoked for at least six months DWAI-Drugs – Suspended for at least six months |
| Second DWI/DWAI-Drug violation in 10 years (E felony)(1) | $1,000 – $5,000 | 4 years | Revoked for at least one year |
| Third DWI/DWAI-Drug violation in 10 years (D felony)(1) | $2,000 – $10,000 | 7 years | Revoked for at least one year (4) |
| Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination) | $500 – $1,000 | 1 year | Revoked for at least six months |
| Second DWAI/Combination in 10 years (E felony)(1) | $1,000 – $5,000 | 4 years | Revoked for at least one year/18 months (5) |
| Third DWAI/Combination in 10 years (D felony)(1) | $2,000 – $10,000 | 7 years | Revoked for at least one year/18 months (4,5) |
| Driving While Ability Impaired by Alcohol (DWAI) | $300 – $500 | 15 days | Suspended for 90 days |
| Second DWAI violation in 5 years | $500 – $750 | 30 days | Revoked for at least six months |
| Zero Tolerance Law | $125 civil penalty and $100 fee to terminate suspension | None | Suspended for six months |
| Second Zero Tolerance Law | $125 civil penalty and $100 re-application fee | None | Revoked for one year or until age 21 |
| Chemical Test Refusal | $500 civil penalty ($550 for commercial drivers) | None | Revoked for at least one year, 18 months for commercial drivers. |
| Chemical Test Refusal within five years of a previous DWI-related charge/Chemical Test Refusal | $750 civil penalty | None | Revoked for at least 18 months, one-year or until age 21 for drivers under age 21, permanent CDL revocation for commercial drivers. |
| Chemical Test Refusal - Zero Tolerance Law |
$300 civil penalty and $50 re-application fee | None | Revoked for at least one year. |
| Chemical Test Refusal - Second or subsequent Zero Tolerance Law |
$750 civil penalty and $50 re-application fee | None | Revoked for at least one year. |
| Driving Under the Influence – (Out-of-State) | N/A | N/A | Suspended for 6 months. If less than 21 years of age, revoked at least one year. |
| Driving Under the Influence – (Out-of State) with any previous alcohol-drug violation | N/A | N/A | Suspended for 6 months. If less than 21 years of age, revoked at least one year or until age 21 (longest term). |
- Greater penalties can also apply for multiple alcohol or drug violations within a 10-year period.
- Surcharges are added to misdemeanors ($160) and felonies ($270).
- The driver license penalties for drivers under the age of 21, and for drivers of commercial motor vehicles and other professional drivers, are different.
- Three or more alcohol or drug-related convictions or refusals within 10 years can result in permanent revocation, with a waiver request permitted after at least 5 years.
- A driver with an Aggravated DWI violation conviction within the prior 10 years will receive a minimum 18-month revocation if convicted of DWI, DWAI/Drugs or DWAI/Combination. Also a driver with a prior DWI, Aggravated DWI, DWAI/Drugs or DWAI/Combination with the prior 10 years will receive a minimum 18-month revocation.