How Serious is a DWI in New York?

A DWI (Driving While Intoxicated) charge in New York State is very serious, and the consequences can vary depending on factors like your Blood Alcohol Content (BAC), prior offenses, whether anyone was injured, and other circumstances. Here’s a breakdown of what you could be facing:

First–Time DWI (Misdemeanor)

• BAC of 0.08% to 0.18%
• Criminal Charge: Misdemeanor
• Possible Penalties:
  • Up to 1 year in jail
  • Fines between $500 and $1,000
  • 6–month license revocation
  • Ignition Interlock Device (IID) required
  • Mandatory DWI screening/treatment
  • Possible probation for 3 years

Aggravated DWI

• BAC of 0.18% or higher
• Same penalties, but often higher fines and a longer license revocation

Second DWI (Within 10 Years)

• Felony Charge
• Up to 4 years in prison
• Fines between $1,000 and $5,000
• License revoked for at least 1 year
• Ignition Interlock Device required
• Felony conviction on your record

Third DWI (Within 10 Years)

• Class D felony
• Up to 7 years in prison
• Fines between $2,000 and $10,000
• License revocation of at least 1 year

Additional Consequences

• Permanent criminal record (especially for felonies)
• Increased insurance premiums
• Employment/Professional licensing issues
• Possible civil lawsuits if someone was injured

In New York State, Driving While Intoxicated (DWI) and related offenses are covered under the Vehicle and Traffic Law (VTL), specifically in Article 31 (§1192 et seq.). Here are the key sections:

NYS VTL §1192 – Operating a motor vehicle while under the influence of alcohol or drugs

This is the primary section addressing DWI and related offenses:

• §1192(1) – Driving while ability impaired (DWAI): Impairment by alcohol (not legally intoxicated). BAC below 0.08.
• §1192(2) – Driving while intoxicated (DWI): Per se DWI with a BAC of 0.08% or more.
• §1192(2–a) – Aggravated DWI: BAC of 0.18% or more.
• §1192(3) – Common law DWI: Driving while intoxicated regardless of BAC, based on officer observations and other evidence.
• §1192(4) – Driving while impaired by drugs: Includes illegal drugs and certain prescription medications.
• §1192(4–a) – Driving while impaired by the combined influence of drugs or of alcohol and drugs.
• §1192(5) – Specific to commercial drivers, BAC limit is lower (0.04%).

Other Related Sections

• §1193 – Penalties for violations of §1192 (includes fines, jail, license suspension/revocation).
• §1194 – Chemical test procedures (breath, blood, urine testing) and implied consent laws.
• §1195 – Definitions and presumptions related to BAC levels.