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DWI

First Offense

Driving While Intoxicated by the consumption of Alcohol is a misdemeanor charge in New York. 

If you are convicted of driving while intoxicated the court may sentence you to
Those convicted of a first time DWI face
  • Incarceration of up to 1 year
  • 3 years probation
  • A driver’s license revocation of at least 6 months
  • A fine of between $500 and $1000 and  a mandatory surcharge of $395 ( $400 for Village and Town Courts)
  • You will be required to install an ignition interlock device in any automobile you own or operate for at least 6 months.
  • Possible Revocation of your registration for at least 6 months
  • May be required to attend a Victim Impact Panel.

 

Second or more DWI Offense

Those charged with DWI who have previously  been convicted of driving while intoxicated within the last 10 years will be charged with Driving While Intoxicated as a Felony. A conviction for Felony drunk driving carries more serious consequences.

Aggravated Driving While Intoxicated

Those driving with a .18 bac (blood alcohol level) or more may be charged with Aggravated Driving while Intoxicated. A conviction for Aggravated Driving while Intoxicated involves more severe penalties including a fine of between $1000 and $2500, a surcharge of $395 ( or $400 in Town or Village Courts),  3 years probation, and possible incarceration up to 1 year. Those convicted of Aggravated Driving while Intoxicated will also face a 1 year revocation of their license and the requirement to install an ignition interlock device in any automobile you owned or operated.

Driving While Impaired Due To Alcohol

First Offense 

Driving While Ability Impaired by the consumption of Alcohol ( VTL 1192.1) is less serious than driving while intoxicated. First time offenders with a blood alcohol level of .05 or greater, but less than .08. will be charged with Driving While Ability Impaired by Alcohol as a violation, not a misdemeanor. Those with a prior conviction for driving while impaired or driving while intoxicated within 5 years of the new charge may be charged as a misdemeanor.

Felony DWI

Those charged with driving while intoxicated, driving while impaired due to drugs, or driving while impaired due to a combination of drugs and alcohol, who have a prior conviction within the last 10 years for driving while intoxicated, driving while impaired due to drugs, or driving while impaired due to a combination of drugs and alcohol, may be charged as a felony. The penalties for felony alcohol related driving charges are substantially more severe than misdemeanor charges and involve potential for longer incarceration, longer license suspension periods and higher fines.