Oswego County, New York · DWI
DWI in Oswego County
What happens after a DWI arrest in Oswego County, where your case will be heard and the deadlines that matter in your first days.
Where your case is handled
DMV refusal hearing
Your DMV hearing office
If you refused the test, the DMV schedules a refusal hearing.
Your first days after an arrest
Find your court date
Check your citation or release paperwork for your arraignment date and courthouse.
Write down what happened
The stop, the tests and what was said, while it's still fresh.
Talk to a DWI defense attorney
A local attorney can review the stop.
Your license: two separate cases
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
Suspension pending prosecution
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
Criminal case
A conviction brings a revocation, shown in the penalties table on this page.
A conditional license through the Impaired Driver Program may let you drive to work, school and medical appointments.
New York DWI penalties
| 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 |
First DWI
- Offense level
- Misdemeanor
- Jail or prison
- Up to 1 year
- Fine
- $500 to $1,000
- License revocation
- At least 6 months
- Ignition interlock
- Required, generally at least 12 months
Second DWI in 10 years
- Offense level
- Class E felony
- Jail or prison
- Up to 4 years; at least 5 days (or 30 days' community service) if within 5 years
- Fine
- $1,000 to $5,000
- License revocation
- At least 1 year
- Ignition interlock
- Required
Third DWI in 10 years
- Offense level
- Class D felony
- Jail or prison
- Up to 7 years; at least 10 days (or 60 days' community service) if within 5 years
- Fine
- $2,000 to $10,000
- License revocation
- At least 1 year; can become permanent
- Ignition interlock
- Required
Oswego County DWI FAQ
What happens after a DWI arrest in Oswego County, New York?
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. 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 your test showed 0.08% or higher, the judge can suspend your license at arraignment while the case is pending. If you refused the test, the DMV schedules a refusal hearing, usually within 15 days.
Where are DWI cases heard in Oswego County?
The county seat of Oswego County is Oswego. Contact the Oswego County Clerk of Court to confirm where your case will be heard.
Is my driver's license suspended after a DWI arrest in Oswego County?
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. A conviction in the criminal case brings its own suspension: At least 6 months for a first offense.
What are the penalties for a first DWI in Oswego County?
Under New York law, a first DWI carries: Offense level: Misdemeanor. Jail or prison: Up to 1 year. Fine: $500 to $1,000. License revocation: At least 6 months. Ignition interlock: Required, generally at least 12 months. Mandatory state surcharges and a Driver Responsibility Assessment of $250 a year for 3 years are added to every DWI conviction.
Do I have two separate cases after a DWI arrest in Oswego County?
Yes. 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. Suspension pending prosecution: 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. Criminal case: A conviction brings a revocation, shown in the penalties table on this page.