What is DWI?
Driving While Intoxicated (DWI) is a crime. In NYS, the penalties include the loss of driving privileges, fines, and a possible jail term. Your judgment, coordination and ability to drive a vehicle change when you consume any amount of alcohol. The level of impairment depends on five conditions:- the amount of alcohol you drink
- the amount of food you eat before or while you drink alcohol
- the length of time you drink alcohol
- your body weight
- your gender
What are the alcohol and drug-related violations in New York State?
BAC = blood alcohol concentration- DWI: Driving While Intoxicated; .08 BAC or higher or other evidence of intoxication.
- Aggravated DWI: Aggravated Driving While Intoxicated: .18 BAC or higher.
- DWAI/Alcohol: Driving While Ability Impaired (by alcohol); .05 BAC to .07 BAC, or other evidence of impairment.
- DWAI/Drug: Driving While Ability Impaired by a single Drug other than alcohol.
- DWAI/Combination: Driving While Ability Impaired by a the Combined Influence or Drugs or Alcohol.
- Chemical Test Refusal: A driver who refuses to take a chemical test (normally a test of breath, blood or urine) can receive a driver license revocation of at least one year (18 months for a commercial driver) and must pay a $500 civil penalty ($550 for a driver of commercial vehicles) to apply for a new driver license. A driver who refuses a chemical test during the five years after a DWI-related charge or previous refusal will have their driver license revoked for at least 18 months (permanent for a commercial driver) and must pay a $750 civil penalty to apply for a new driver license. If the driver is under age 21, and refuses a chemical test during the five years after a DWI-related charge or previous refusal, they will have their driver license revoked for at least one year or until age 21, whichever is longer and must pay a $750 civil penalty to apply for a new driver license. Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law.
What are the penalties for Alcohol-related or Drug-related Violations?
| Penalties for Alcohol-related and Drug-related Violations | |||
| Violation (1) | Mandatory Fine (2) | Maximum Jail Term | Mandatory Driver License Action (3) |
| Aggravated Driving While Intoxicated (A-DWI) | $1,000 - $2,500 | 1 year | Revoked for at least one year |
| Second A-DWI in 10 years (E felony)(1) | $1,000 - $5,000 | 4 years | Revoked for at least 18-months (5) |
| Third A-DWI in 10 years (D felony)(1) | $2,000 - $10,000 | 7 years | Revoked for at least 18-months (4,5) |
| Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug) | $500 - $1,000 | 1 year | DWI-Revoked for at least six months DWAI-Drugs - Suspended for at least six months |
| Second DWI/DWAI-Drug violation in 10 years (E felony)(1) | $1,000 - $5,000 | 4 years | Revoked for at least one year |
| Third DWI/DWAI-Drug violation in 10 years (D felony)(1) | $2,000 - $10,000 | 7 years | Revoked for at least one year (4) |
| Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination) | $500 - $1,000 | 1 year | Revoked for at least six months |
| Second DWAI/Combination in 10 years (E felony)(1) | $1,000 - $5,000 | 4 years | Revoked for at least one year/18 months (5) |
| Third DWAI/Combination in 10 years (D felony)(1) | $2,000 - $10,000 | 7 years | Revoked for at least one year/18 months (4,5) |
| Driving While Ability Impaired by Alcohol (DWAI) | $300 - $500 | 15 days | Suspended for 90 days |
| Second DWAI violation in 5 years | $500 - $750 | 30 days | Revoked for at least six months |
| Zero Tolerance Law | $125 civil penalty and $100 fee to terminate suspension | None | Suspended for six months |
| Second Zero Tolerance Law | $125 civil penalty and $100 re-application fee | None | Revoked for one year or until age 21 |
| Chemical Test Refusal | $500 civil penalty ($550 for commercial drivers) | None | Revoked for at least one year, 18 months for commercial drivers. |
| Chemical Test Refusal within five years of a previous DWI-related charge/Chemical Test Refusal | $750 civil penalty | None | Revoked for at least 18 months, one-year or until age 21 for drivers under age 21, permanent CDL revocation for commercial drivers. |
| Chemical Test Refusal - Zero Tolerance Law | $300 civil penalty and $50 re-application fee | None | Revoked for at least one year. |
| Chemical Test Refusal - Second or subsequent Zero Tolerance Law | $750 civil penalty and $50 re-application fee | None | Revoked for at least one year. |
| Driving Under the Influence - (Out-of-State) | N/A | N/A | Suspended for 6 months. If less than 21 years of age, revoked at least one year. |
| Driving Under the Influence - (Out-of State) with any previous alcohol-drug violation | N/A | N/A | Suspended for 6 months. If less than 21 years of age, revoked at least one year or until age 21 (longest term). |
- Greater penalties can also apply for multiple alcohol or drug violations within a 10-year period.
- Surcharges are added to misdemeanors ($160) and felonies ($270).
- The driver license penalties for drivers under the age of 21, and for drivers of commercial motor vehicles and other professional drivers, are different.
- Three or more alcohol or drug-related convictions or refusals within 10 years can result in permanent revocation, with a waiver request permitted after at least 5 years.
- A driver with an Aggravated DWI violation conviction within the prior 10 years will receive a minimum 18-month revocation if convicted of DWI, DWAI/Drugs or DWAI/Combination with the prior 10 years will receive a minimum 18-month revocation.
