255 West 36th Street-Suite 1104

New York, NY 10018

917-519-8417

NEW YORK DRUNK DRIVING DEFENSE ATTORNEY

 

New York 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).