If you receive a conviction in New York for driving under the influence of drugs or alcohol, you may receive a fine, license suspension and even jail time. In addition to DWI charges for blood alcohol content above 0.08%, motorists in the state can receive a charge of driving while ability impaired for BAC between 0.05% and 0.07%. Drivers with BAC higher than 0.18% receive elevated penalties. 

Before facing a DWAI or DWI charge in court, learn more about potential legal consequences of these offenses. 

DWAI penalties 

A conviction of DWAI can result in: 

  • A 90-day license suspension, up to 15 days in jail and a $500 fine for the first offense 
  • A license suspension of at least six months, 30 days in jail and a $750 fine for the second offense within five years 
  • A license suspension of at least six months, 180 days in jail and a $1,500 fine for a third offense within 10 years 

DUI penalties 

For a DUI conviction, potential penalties include: 

  • A license suspension of at least six months, up to one year in jail and a $1,000 fine for a first offense  
  • A license suspension of at least 12 months, up to four years in jail and a $5,000 fine for a second offense in 10 years 
  • A license suspension of at least 12 months, up to seven years in jail and a $10,000 fine for a third offense in 10 years 

Aggravated DUI penalties 

For high-BAC convictions, you could receive: 

  • A license suspension of at least 12 months, up to one year in jail and a $2,500 fine for a first offense  
  • A license suspension of at least 18 months, up to four years in jail and a $5,000 fine for a second offense in 10 years 
  • A license suspension of at least 18 months, up to seven years in jail and a $10,000 fine for a second offense in 10 years 

Because New York is an implied consent state, you will receive additional penalties if you refuse to take a breath test.