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New York Laws and Penalties for DWI

The state of New York has extremely strict and rigorous enforcement of DWI laws. It also has a zero tolerance policy for drivers under 21 consuming alcohol. Any young driver found with a blood alcohol content of .02 to .07 can face a fine of at least $125 and a loss of his license for six months for a first offense while a second offense carries the same minimum fine and loss of license for up to one year or until the driver turns 21---whichever is longer. The New York Department of Motor Vehicles notes, however, that drivers who test between .05 and .07 can face charges of a DWAI (driving while ability impaired) and drivers testing at .08 or above will face similar penalties as drivers over 21.

 

Permanent Revocation

New York law allows a permanent license revocation for three or more alcohol or drug-related offenses within 10 years. A person subject to that penalty can make a waiver request after at least five years. The Department of Motor Vehicles could grant a restricted license if the waiver is approved. The applicant must reapply for the license and may have to take a test.

 

Plea Bargain

State law does not allow drivers faced with charges stemming from driving while under the influence of alcohol or drugs to plead their conviction down to a lesser non-alcohol or drug related charge such as reckless driving.

 

First offense DWAI:

• A fine of no less than $300 and no more than $500.

• Possible jail time of up to 15 days.

• Loss of license for 90 days.

• Second Offense DWAI Within 5 years:

• A fine of no less than $500 and no more than $750.

• Possible jail time of up to 30 days.

• Loss of license for at least 6 months.

 

Third Offense DWAI Within 10 years:

• A fine of no less than $750 and no more than $1,500.

• Possible jail time of up to 180 days.

• Loss of license for 90 days if previous violation occurred over five years ago, and loss of license for at least 1 year if it occurred within five years.

 

First offense DWI or DWAI-Drugs (i.e., no prior DWI convictions within 10 years):

• A fine of no less than $500 and no more than $1,000.

• Possible jail time of up to 1 year.

• Loss of license for at least 6 months.

 

Second Offense DWI or DWAI-Drugs Within 5 Years:

• A fine of no less than $1,000 and no more than $5,000.

• Mandatory jail time of at least 5 days or at least 30 days community service, or possible prison time of up to 4 years.

• Loss of license for at least 1 year.

 

Third Offense (Or More) DWI or DWAI-Drugs Within 5 Years:

• A fine of no less than $2,000 and no more than $10,000.

• Mandatory jail time of at least 10 days or at least 60 days community service, or possible prison time of up to 7 years.

• Loss of license for at least 1 year, ignition interlock device, and required alcohol evaluation.

 

Second Offense DWI or DWAI-Drugs Within 10 Years:

• A fine of no less than $1,000 and no more than $5,000.

• Possible prison time of up to 4 years.

• Loss of license for at least 1 year.

 

Third Offense (Or More) DWI or DWAI-Drugs Within 10 Years:

• A fine of no less than $2,000 and no more than $10,000.

• Possible prison time of up to 7 years.

• Loss of license for at least 1 year.

 

First Offense DWAI-Alcohol/Drugs:

• A fine of no less than $500 and no more than $1,000.

• Possible jail time of up to 1 year.

• Loss of license for at least 6 months.

 

Second Offense DWAI-Alcohol/Drugs:

• A fine of no less than $1,000 and no more than $5,000.

• Possible prison time of up to 4 years.

• Loss of license for at least 1 year.

 

Third Offense DWAI-Alcohol/Drugs:

• A fine of no less than $1,000 and no more than $5,000.

• Possible prison time of up to 7 years.

• Loss of license for at least 18 months.

 

First Offense Aggravated DWI:

• A fine of no less than $1,000 and no more than $2,500.

• Possible jail time of up to 1 year.

• Loss of license for at least 1 year.

 

Second Offense Aggravated DWI Within 5 years:

• A fine of no less than $1,000 and no more than $5,000.

• Mandatory jail time of at least 5 days or at least 30 days community service, or possible prison time of up to 4 years.

• Loss of license for at least 18 months.

• Third Offense (Or More) Aggravated DWI Within 10 years

• A fine of no less than $1,000 and no more than $5,000.

• Mandatory jail time of at least 10 days or at least 60 days community service, or possible prison time of up to 7 years.

• Loss of license for at least 18 months.

 

First Offense Zero Tolerance:

• Minimum $125 civil penalty payable to DMV.

• Loss of license for 6 months.

• $100 suspension termination fee.

 

Second Offense Zero Tolerance:

• Minimum $125 civil penalty payable to DMV.

• Loss of license for at least 1 year or until 21 years old, whichever is longer.

• $100 license re-application fee.

 

Note that three or more alcohol or drug-related driving incidents (i.e., convictions, or findings of Zero Tolerance violations, or findings of refusals) within four or eight years, depending, can result in a permanent revocation of your New York State driving privileges.

 


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