Thank you for visiting our blog, we hope you find it useful in terms of learning helpful information on legal topics from criminal law to bankruptcy to immigration. Below is an article that outlines some of the major issues and laws involving DWI in New York State.

The Basics of DWI Laws in New York


Every day, good people from all walks of life face difficulties stemming from drinking and driving.  In virtually all states, arrests for driving under the influence are on the increase due to increased public scrutiny from advocacy groups such as MADD.  In addition, these arrests are lucrative sources of income of revenue for municipal governments.


The state of New York is no exception.  Full of complex legal requirements and a complicated driving bureaucracy, dui arrests in New York are an extremely confusing challenge for the average citizen to face. For starters, any person facing a dui charge in the state of New York should be aware of the following:


DUI arrests are significantly more serious than in the past.  Jail time is almost mandatory for repeat offenders, and at the time of arrest, judges can and will suspend driving privileges of drivers.  Furthermore, driving on a suspended license arrests are punishable with jail and time and may become a felony conviction in some cases.


What Does “Drunk and Under the Influence” Constitute Today?


There are a number of definitions of impairment in the state of New York with accompanying charges, including:


  • “Zero Tolerance”, which states any driver under the age of twenty-one with a blood alcohol content ranging from .02 to .07 is in violation of the state’s zero tolerance laws
  • “Driving While Ability Impaired”, which states an of age driver is found with a blood alcohol level of .05 to .07
  • “Driving While Ability Impaired/Drugs”, which states a driver is behind the wheel while under the influence of any substance besides alcohol.
  • “Driving While Intoxicated”, which occurs if a driver is found behind the wheel with a blood alcohol content of .08 or higher or evidence of some other form of obvious intoxication


What Can Happen to My Driving Privileges?

Following a conviction of a DWI charge, offenders will face suspension of their license, in addition to possibly jail time and other fines.  The common penalties for DWI in New York are:

  • First time offenders face fines ranging from $500 to $1000 dollars with a license suspension of up to six months with the potential for incarceration of up to one year at most
  • Second time offenders in a ten-year period face fines up to $5000 dollars, license suspension of up to one year, and a felony conviction with a potential jail term of up to four years
  • Third time offenders within a ten-year period face fines up to $10,000, suspension of their license for one year, and a felony conviction with the potential for seven years of incarceration

Aggravated DWI in the New York

Driving under the influence with blood alcohol content higher than .18 or more is considered aggravated offense, which possesses penalties significantly more severe than those associated with a typical dui offense do.  Charges of A-DWI within a ten-year period are automatically felonies for subsequent offenses.  Common penalties for A-DWI include:


  • First time offenders face fines up to $2500 with the potential of incarceration for a period no more than one year, as well as loss of licenses for one year
  • Second time offenders within a ten year period face felony charges, fines of no more than $5000, potential of incarceration up to four years, as well as loss of license for 18 months
  • Third time offenders face felony charges with fines up to $10000, suspension of their license for eighteen months, and the potential for incarceration of up to seven years

Additionally, arrests for aggravated driving while intoxicated cannot be reduced to charges of driving while ability impaired, which would carry significantly less potential penalties for offenders. Chemical Test Refusal in New York

Refusal to submit to a chemical test in New York can have their license revoked, be fined $300 dollars, and will have to apply for a new driver’s license.  If you have been previously arrested for any DWI related charge, refusal to submit results in mandatory loss of license for one year and fines of $750 to reapply for a second license.


Will I Be Assessed for Alcohol Abuse?

In some cases, drivers will be required to undergo mandatory drug and alcohol counseling, along with a mandatory assessment for substance dependence. Part of sentencing agreements may revolve around the successful completion of drug and alcohol rehabilitation. The courts will mandate an assessment if the following occurs:


  • Initial screening show dependence exists
  • Driver has been convicted of DWI offense with a BAC higher than a vendre viagra.15
  • Driver is charged with an A-DWI
  • If offender has been convicted of offense previously that was in violation of NY Vehicle and Traffic Laws sec. 1192, vehicular assault, or vehicular manslaughter in the past decade

Should I Seek Legal Counsel?

Without question, individuals should seek legal counsel when facing a DWI or A-DWI charge in New York.  These serious criminal charges will present lifelong consequences following a conviction.  An attorney can greatly mitigate the fallout from an arrest, as well as potentially dismiss wrongfully assessed criminal charges.