DWI Penalties in New York

If you or a loved one was arrested for driving while intoxicated in New York, it’s important to retain an experienced attorney who will fight to protect your rights and your freedom. Watch this video by dedicated Long Island DWI attorney Michaelangelo Matera to learn about DWI penalties in New York and how an attorney can help ensure the best outcome.

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There are many different penalties that exist for driving while intoxicated in New York, and those penalties are going to depend on the final outcome of the case. If, for example, your attorney successfully reduces the driving while intoxicated charge to a charge of driving while impaired, then your license suspension is going to be for 90 days. If you get convicted of driving while intoxicated, you will have a misdemeanor criminal record, assuming you haven’t had a prior DWI in the past 10 years and your license will be revoked for six months.

You can find a full detailed explanation of the DWI penalties in New York below:

Penalties for Alcohol-related and Drug-related Violations
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 Revoked for at least 90 days. 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 Revoked for at least 90 days (longer term with certain prior offenses). If less than 21 years of age, revoked at least one year or until age 21 (longest term).

When people are facing difficult legal situations what matters is results. At The Matera Law Firm, we have over 25 years of experience helping people when they need it most. That commitment has allowed us to generate a record of success and positive results against DWI charges.

DWI penalties can be severe without dedicated counsel to help you fight the charges against you. If you or someone you love is in need of an experienced DWI lawyer, contact us today for a free confidential consultation. We proudly serve Suffolk County, Nassau County, Long Island, Brooklyn, Manhattan, Bronx, Queens, and throughout New York State.

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