New York DWI Laws

DWI Charges? Get the help you need with a New York DUI Attorney!


New York DWI charges can seem more intimidating than downtown Manhattan. The state's drunk driving penalties include jail time, hefty fines and driver's license revocation. A second DWI arrest can be charged as a felony.

Fortunately, you don't have to face your New York state drunk driving charges alone. A DWI lawyer in New York can help explain the laws and answer any questions you might have about your case. The decisions you make regarding your case can impact the rest of your life. To get help fighting your charges, talk to a DWI lawyer today.

To speak with a local New York DWI attorney, simply fill out the form on this page or call, 877-349-1311.

In New York, drunk driving can be charged as a misdemeanor or felony, depending on the circumstances. DWI penalties include loss of license, thousands of dollars in fines and jail time. Refusing a breath test can result in driver's license suspension and civil penalty fines.

New York DWI Penalties

First DWI Conviction:

  • Misdemeanor charge
  • $500-1,000 fine
  • Maximum one-year jail sentence
  • Minimum six-month driver's license revocation

Aggravated DWI (BAC of .18 or more):

  • Misdemeanor charge
  • Minimum $1,000 fine
  • Maximum one-year jail sentence
  • Minimum one-year driver's license revocation
  • Installation of ignition interlock device

Second DWI Conviction (within 10 years):

  • Felony charge
  • $1,000-5,000 fine
  • Maximum four-year jail sentence
  • Minimum one-year driver's license revocation

Third DWI Conviction (within 10 years):

  • Felony charge
  • $2,000-10,000 fine
  • Maximum seven-year jail sentence
  • Minimum 18-month license revocation

Breath Test Refusal Penalties

  • First Refusal: Minimum one-year driver's license revocation, $500 civil penalty
  • Second Refusal (within 5 years): Minimum 18-month driver's license revocation, $750 civil penalty

Ask a New York DUI Attorney About Your Options

A local DUI lawyer could answer questions you might have about the laws in New York or your specific DWI case. To speak with a DWI lawyer near you today, fill out the FREE case evaluation form on this page or call us, toll free, at 877-349-1311.

Note: Laws may have changed since our last update. For the latest information on these DWI laws, speak to a local DWI lawyer in the state.

The New York DWI penalty list is by no means all-inclusive. DUI penalties may vary based on a variety of factors, including your prior driving record.

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