NY state dwi laws as posted on the motor vehicles page
Driving While Intoxicated
For additional information on DWI, see the publication, "You and the Drinking Driving Laws".
What is DWI?
Driving While Intoxicated (DWI) is a crime. DWI laws are strictly enforced in New York State. Penalties include loss of driving privileges, fines and possible jail time. Any amount of drinking will affect your judgment and coordination and will reduce your ability to safely operate a vehicle. The degree of impairment depends on five factors: 1.) the amount you drink; 2.) whether you've eaten before or while drinking; 3.) your body weight; 4.) length of time spent drinking and; 5.) your gender. There is no quick way to 'sober up', except to wait for your body to metabolize the alcohol. The average metabolism rate is about one drink per hour.
What are the alcohol and drug related violations in New York?
DWI - driving while intoxicated .10 BAC (blood alcohol concentration) or higher or other evidence of intoxication.
DWAI - driving while ability impaired by alcohol, more than .05 but less than .10 BAC, or other evidence of impairment.
Chemical Test Refusal - Refusing to take a chemical test, such as a breathalyzer, for blood alcohol content shall result in license revocation and a $300 civil penalty, $350 for commercial vehicle drivers. Chemical test refusal within five years of a prior DWI-related charge carries a $750 civil penalty.
DWAI/Drugs - driving while ability impaired by drugs other than alcohol.
Zero Tolerance - As of November 1, 1996, drivers under 21 who are found to be driving with any alcohol in their system (.02 to .07 BAC) may be charged with violating the Zero Tolerance Law.
What are the penalties for Alcohol/Drug Related Violations?
PENALTIES FOR ALCOHOL / DRUG-RELATED VIOLATIONS VIOLATION MANDATORY
FINE (1) MAXIMUM
JAIL TERM MANDATORY
LICENSE ACTION (2)
Driving While Intoxicated (DWI) $500 - $1,000 1 year Revoked at least 6 months
Second DWI violation in 10 years
E felony $1,000 up $5,000 4 years Revoked at least 1 year
Third DWI violation in 10 years
D felony $2,000 - $10,000 up to 7 years Revoked at least 1 year
Driving While Ability Impaired (DWAI) $300 - $500 15 days Suspended 90 days
Second DWAI violation in 5 years $500 - $750 30 days Revoked at least 6 months
Zero Tolerance $125 civil penalty and $100 suspension termination fee None 6 month suspension
Second Zero Tolerance $125 civil penalty and $100 license re-application fee None Revocation for 1 year or until age 21
Chemical Test Refusal $300 civil penalty ($350 for commercial drivers) None License revocation for at least six months.
Chemical Test Refusal within five years of a prior DWI-related charge $750 civil penalty None License revocation for at least one year.
Zero Tolerance Chemical Test Refusal $300 civil penalty and $50 license re-application fee None License revocation at least one year.
Second or subsequent Zero Tolerance Chemical Test Refusal $750 civil penalty and $50 license re-application fee None License revocation at least one year.
Driving Under the Influence Out-of-State N/A N/A Revoked at least 90 days. If under age 21, revoked at least 1 year.
Driving Under the Influence Out-of State with any prior alcohol-drug violation N/A N/A Revoked at least 90 days. If under age 21, revoked at least 1 year or until age 21, whichever is longer.
Additional surcharges of $110 for misdemeanors and $200 for felonies apply.
License penalties for those under 21 and professional drivers differ.
Can I get a conditional license if I have been convicted of DWI or DWAI?
Generally, persons convicted of DWI or DWAI for the first time may be eligible for a conditional license if they participate in the Drinking Driver Program. The DMV will determine if you are eligible for the program, and will notify you within 20 days of your license suspension or revocation by the court. However, a judge may prohibit a motorist from enrolling in the DDP. Drivers not eligible for the DDP, and those who choose not to participate, will serve their entire license suspension or revocation period. The DDP classes run for 7 weeks, there are four 2 1/2 hour session and three 2-hour sessions. Participants are evaluated for alcohol or drug problems and are referred for treatment, if necessary. The DDP program fees are a $75 application processing fee to the DMV and up to $175 to the DDP course provider. Failure to complete the DDP or for additional violations resulting in revocation of the conditional license will result in having your license suspended or revoked for the full, original period.
