New York · Vehicle and Traffic Law § 1192
New York calls the main offense DWI, with a lesser charge, DWAI (driving while ability impaired), for lower levels of impairment. There's no hearing to request after a failed test: your license can be suspended at your first court appearance.
Legal term
DWI
Vehicle and Traffic Law § 1192
BAC limit, 21 and over
0.08%
0.04% in a commercial vehicle
DWAI (lesser charge)
0.05%+
Impairment below the DWI level
Aggravated DWI
0.18%
Higher fines, longer revocation
Drivers under 21
0.02%
Zero-tolerance law
Prior-offense lookback
10 years
A second DWI becomes a felony
Mandatory state surcharges and a Driver Responsibility Assessment of $250 a year for 3 years are added to every DWI conviction.
| First DWI | Second DWI in 10 years | Third DWI in 10 years | |
|---|---|---|---|
| Offense level | Misdemeanor | Class E felony | Class D felony |
| Jail or prison | Up to 1 year | Up to 4 years; at least 5 days (or 30 days' community service) if within 5 years | Up to 7 years; at least 10 days (or 60 days' community service) if within 5 years |
| Fine | $500 to $1,000 | $1,000 to $5,000 | $2,000 to $10,000 |
| License revocation | At least 6 months | At least 1 year | At least 1 year; can become permanent |
| Ignition interlock | Required, generally at least 12 months | Required | Required |
DWAI (alcohol) is a traffic infraction on a first offense: up to 15 days in jail, a $300 to $500 fine and a 90-day suspension. A first aggravated DWI (0.18%+) carries a $1,000 to $2,500 fine and at least a 1-year revocation.
In New York, your license is handled by the court and the DMV. There's no hearing you need to request after a failed test, but the timeline starts at your first court appearance.
Court · starts at arraignment
With a test result of 0.08% or higher, the judge can suspend your license at arraignment while the case is pending. A hardship license may be available.
If you refused the test, a DMV refusal hearing decides the revocation instead.
Court · on conviction
A conviction brings a revocation, shown in the table above.
A conditional license through the Impaired Driver Program may let you drive to work, school and medical appointments.
Under New York's implied consent law, driving means you've agreed to a chemical test. Refusing brings a revocation and a civil penalty, decided at a DMV refusal hearing, separate from the criminal case.
First refusal
1 year
revocation plus a $500 civil penalty
Second refusal in 5 years
18 months
revocation plus a $750 civil penalty
Drivers who refused generally can't get a conditional license during the refusal revocation.
These factors bring higher fines, longer revocations or a felony charge.
A first DWI is a misdemeanor in New York. A DWI is a felony when:
Under Leandra's Law, every DWI conviction in New York requires an ignition interlock in any vehicle you own or drive, generally for at least 12 months.
The New York statutes this guide is based on.