New York DWI Penalties: Complete Guide

The Three-Tier Framework

New York classifies impaired-driving offenses into three escalating tiers:

• Tier 1 — Traffic Infractions: DWAI / Alcohol (.05–.07 BAC).
• Tier 2 — Misdemeanors: DWI (.08+ BAC), DWAI / Drugs, Aggravated DWI (.18+ BAC).
• Tier 3 — Felonies: Second DWI within 10 years, Vehicular Assault / Manslaughter, Aggravated DWI with prior.

Penalty Table by Offense

First DWI (misdemeanor): $500–$1,000 fine; up to 1 year jail; 6-month license revocation; ignition interlock 12+ months.

First Aggravated DWI (.18+ BAC): $1,000–$2,500 fine; up to 1 year jail; 1-year license revocation; ignition interlock 12+ months.

Second DWI within 10 years (Class E felony): $1,000–$5,000 fine; up to 4 years prison; 1-year license revocation minimum.

Third DWI within 10 years (Class D felony): $2,000–$10,000 fine; up to 7 years prison; permanent license revocation possible.

Leandra's Law DWI with child passenger: Automatic felony; up to 4 years prison; mandatory ignition interlock.

License Revocation vs. Suspension

New York distinguishes between two outcomes:

• Suspension: Temporary — license returns automatically after the suspension period.
• Revocation: License is canceled — driver must reapply through DMV and may face hardship-license restrictions.

Almost every DWI conviction triggers revocation rather than suspension.

Driver Responsibility Assessment

Separate from court fines, the DMV imposes a Driver Responsibility Assessment of $250 per year for 3 years after any DWI or DWAI/Drugs conviction — adding $750 to the total cost.