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New York DUI Information
"Per Se" BAC Level: 0.8"Zero Tolerance" BAC Level: 0.2
Enhanced Penalty BAC Level:.18
"Implied Consent" Law: yes
Administrative License Suspension/Revocation (1st/2nd/3rd Offense) :90d/ 6m/ 6m
Mandatory Alcohol Education and Treatment/Assessment: Both
Vehicle Confiscation Possible?: 2nd offense
Ignition Interlock Device Possible?: Yes
| New York Penalties for Alcohol and Drug Related Violations | |||
| Violation | Mandatory Fine(1) | Maximum Jail Term |
Mandatory Driver License Action (2) |
| Driving While Intoxicated (DWI) | $500 - $1,000 | 1 year | Revoked for at least six months |
| Second DWI violation in 10 years (E felony) | $1,000 - $5,000 | 4 years | Revoked for at least one year |
| Third DWI violation in 10 years (D felony) | $2,000 - $10,000 | 7 years | Revoked for at least one year |
| Driving While Ability Impaired (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 | $300 civil penalty ($350 for commercial drivers) | None | Revoked for at least six months. |
| Chemical Test Refusal within five years of a
previous DWI-related charge |
$750 civil penalty | None | Revoked for at least one year. |
| 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 | Revoked at least 90 days. 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 | Revoked at least 90 days. If less than 21 years of age, revoked at least one year or until age 21 (longest term). |
Surcharges are added to misdemeanors ($160) and felonies ($270).
The New York driver license penalties for drivers under the age of 21 and for professional drivers are different.
DWI as a felony offense: When a person has already been convicted of DWI as a misdemeanor (as opposed to Driving While Impaired, a "traffic infraction") the next DWI is much more serious. If the second DWI case is for Driving While Intoxicated, most commonly brought under VTL Section 1192.2, the new charges are raised to the level of a class "E" felony. The penalties increase as well. The minimum fine is $1,000.00 with a maximum fine of $5,000.00 possible. The motorist is also more likely subject to a period of probation for 5 years or may even be incarcerated for a period of up to one and one-third to four years. In such cases, NY courts can combine the penalties imposed, depending on the circumstances. A term of 6 months incarceration with the balance of 5 years spent on probation along with the fine, license revocation and drinker/driver program is possible.
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