New York DWI Penalties
The list below represents the worst case scenarios that DeRoberts Law Firm works hard to avoid. In most cases, we can achieve a much more favorable outcome by challenging your DWI, DWAI or other drinking and driving allegation.
We believe that clients need to know the possible DWI penalties so that they can make informed decisions about pleading guilty versus going to trial.
Syracuse, New York, criminal defense lawyer Jeffrey DeRoberts will discuss the possible and likely consequences for the facts of your case. Contact us 24/7 for a free consultation.
Potential Penalties for Conviction of DWI and Related Charges
Driving While Intoxicated (DWI)
- Up to one year in jail — most first offenders will avoid any jail or probation
- Fines of $500 to $1,000, plus surcharges
- Mandatory alcohol evaluation
Driving While Ability Impaired by Drugs (DWAI-D)
- Same penalties as DWI
Aggravated DWI (.18 BAC or higher)
- Same as DWI, except fines up to $2,500 and jail time is more likely
Second DWI or Aggravated DWI (within 10 years)
- Up to 4 years in state prison
- Up to 3 years probation
- Fines of $1,000 to $5,000
- Ignition interlock system
- Felony criminal record
Felony DWI (death, injury, reckless endangerment of a child)
- Same as second offense DWI
Third DWI (within 10 years)
- Up to 7 years in state prison — mandatory minimum sentence
- Fines up to $7,000
- Permanent license revocation
Driving While Ability Impaired by Alcohol (DWAI)
- Maximum jail 15 days (rarely applied)
- Fines of $300 to $500
- License suspension
- Counts as first offense for subsequent drunk driving arrests
Chemical test refusal and Zero Tolerance violations (under 21 drinking and driving) are not criminal offenses, but DMV civil violations with severe license suspension even on a first offense.
What About My Driver's License?
DWI (DUI) license suspension or revocation is imposed by the court, but the administration of license sanctions and reinstatement is governed by the New York Department of Motor Vehicles (DMV). DeRoberts Law Firm can intervene so that you do not lose driving privileges for even one day. See DWI and Your License for minimum suspensions for various offenses, and how we can help. We can help by offering you experience, dedication and the personal attention of your attorney throughout the duration of your case.
Need tough representation for a drinking and driving allegation? Contact DeRoberts Law Firm for a free consultation, by e-mail or toll-free at 866-918-8875.
