Vehicle · DUI penalties
DUI Penalties in New York
The jail, fines, and license loss for a DUI in New York by offense, when a DUI becomes a felony, the lookback period that counts your priors, and what raises the penalty. These are the criminal penalties, separate from the DMV license suspension. Cited to the statute.
DUI penalties by offense in New York
Jail, fine, and license loss for a first, second, and third offense, the felony threshold, and the aggravators that raise the penalty.
New York DWI fines, revocation periods, and the interlock rules are amended often. Confirm the current figures for your offense date before relying on them.
| Penalties by offense | What it means |
|---|---|
| First offense | A first DWI under Vehicle and Traffic Law 1192(2) or (3) is a misdemeanor. Section 1193 sets a fine of $500 to $1,000, up to one year in jail, and at least a six-month license revocation. A lesser DWAI charge is a traffic infraction with a $300 to $500 fine and up to 15 days. |
| Second offense | A second DWI within 10 years of a prior DWI is a class E felony, punishable by a fine of $1,000 to $5,000 and up to four years in prison, with a one-year license revocation. |
| Third offense | A third DWI within 10 years is a class D felony, punishable by a fine of $2,000 to $10,000 and up to seven years in prison, with a longer license revocation. |
| Felony threshold | A DWI becomes a felony on a second DWI within 10 years. A first DWI with a child passenger 15 or younger is a class E felony under Leandra’s Law. |
| Ignition interlock | Under Leandra’s Law, everyone convicted of misdemeanor or felony DWI must install and maintain an ignition interlock on any vehicle they own or operate for at least six months. |
| What raises the penalty | What it means |
|---|---|
| High blood alcohol level | A blood alcohol level of 0.18 or higher is Aggravated DWI under section 1192(2-a), a misdemeanor on a first offense carrying a $1,000 to $2,500 fine and a one-year license revocation. |
| Child passenger | Driving while intoxicated with a child 15 or younger in the car is a class E felony under Leandra’s Law, even on a first offense, and can bring up to four years in prison. |
| Causing injury | Vehicular assault and vehicular manslaughter charges apply when intoxicated driving causes injury or death, raising the offense to a felony with years in state prison. |
| Refusing the chemical test | Refusing a chemical test after arrest leads to a separate license revocation of at least one year and a civil penalty under the implied-consent law, decided apart from the criminal case. |
What you can do right now
Concrete, neutral steps if you are facing a DUI in New York. This is legal information, not legal advice.
- Get a DWI defense lawyer
New York separates DWAI, DWI, and Aggravated DWI, and priors within 10 years raise a DWI to a felony. A New York DWI attorney can explain the exposure for your case.
- Track both cases
You face a criminal case in court and a license case at the DMV. A chemical-test refusal triggers its own DMV hearing on a short deadline.
- Plan for the interlock
Leandra’s Law requires an ignition interlock for any DWI conviction. Ask your lawyer how long it applies and which vehicles it covers.
A DUI is a criminal charge with lasting consequences, and deadlines to challenge the license suspension are short. A licensed DUI defense attorney can explain your options; the state bar can refer you to one.
→ New York State Bar Association, Find a LawyerThis is general legal information, not legal advice. Penalties turn on your BAC, priors, and the exact charge, and the criminal case is separate from the DMV license case, so confirm your situation against the statute and talk to a lawyer.
What drivers in New York get wrong about DUI penalties
A first DWI in New York under Vehicle and Traffic Law 1192 is a misdemeanor. Section 1193 sets a fine of $500 to $1,000, up to one year in jail, at least a six-month license revocation, and, under Leandra’s Law, a required ignition interlock. A lesser DWAI charge, for a reading of 0.05 to 0.07, is only a traffic infraction with a $300 to $500 fine. Priors count on a 10-year lookback, so a second DWI within 10 years is a class E felony carrying up to four years and a $1,000 to $5,000 fine, and a third within 10 years is a class D felony carrying up to seven years. A blood alcohol level of 0.18 or higher is Aggravated DWI. Driving while intoxicated with a child 15 or younger is a class E felony even on a first offense. These are the criminal penalties. The DMV imposes its own license revocation on a separate track.
Common questions
What is the penalty for a first DWI in New York?
A first DWI is a misdemeanor with a $500 to $1,000 fine, up to one year in jail, at least a six-month license revocation, and a required ignition interlock under Leandra’s Law.
When is a DWI a felony in New York?
A second DWI within 10 years is a class E felony, and a third within 10 years is a class D felony. A first DWI with a child 15 or younger is also a class E felony.
How long does a DWI stay on your record in New York?
A prior DWI counts for felony enhancement for 10 years, the lookback period. A DWI conviction stays on the driving record for at least 15 years and on the criminal record permanently.
What is the difference between DWAI and DWI in New York?
DWAI, for a reading of 0.05 to 0.07, is a traffic infraction. DWI, at 0.08 or higher, is a misdemeanor with much stiffer penalties.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.