DWI Penalties

DWI penalties in New York are strict, but you don't have to just roll over and accept the worst. In fact, you never should, regardless of whether this is your first DWI arrest or you are being charged as a repeat offender. There are always options for reducing the penalties you face, reducing charges, protecting your driver's license and safeguarding your future.

  • If you have been arrested on suspicion of DWI, immediately under threat are your driver's license, freedom and wallet.
    • When your license is revoked, you must pay the fee to reinstate it after your revocation period is completed.
  • Additionally, if you are a licensed professional of any type such as a nurse, doctor, lawyer or stockbroker, a DWI conviction can put your professional license at stake.
  • If you are a commercial driver, your commercial driver's license (CDL) can be revoked for a minimum of one year if your blood alcohol content (BAC) is .04 or above — three years if you transport hazardous materials. A second conviction may result in a lifetime license revocation.
  • In most cases, minors under the age of 21 face longer driver's license suspension and revocation periods in addition to the "zero tolerance" law, which defines DWI as a BAC level between .02 and .07.

At Getz & Braverman, P.C., our Bronx-based DWI defense attorneys guide our clients through each step of the criminal process and separate Department of Motor Vehicles (DMV) process. Our team is responsive 24 hours a day, 7 days a week. Our law firm has been helping clients throughout New York City for over 45 years, and we offer free initial consultations.

DWI fines and penalties range according to the charges:

  • Driving while ability impaired (DWAI): BAC of .05 to .07
  • Driving while intoxicated (DWI): BAC of .08 or higher
    • This level also includes driving while impaired by drugs (DWAI-DRUG) and driving while impaired by combined alcohol and drugs (DWAI-Combination)
  • Aggravated driving while intoxicated (AGG-DWI): BAC of .18 or higher

First-Offense DWI Fines And Penalties

  • A DWAI conviction will be classified as a traffic infraction, including fines up to $500, court costs, jail up to 15 days and a 90-day license suspension.
  • A DWI conviction is a misdemeanor, including fines up to $1,000, court costs, jail up to one year and a minimum six-month license revocation.
  • An AGG-DWI conviction is a misdemeanor, including fines up to $2,500, court costs, jail up to one year and a minimum one-year license revocation.

Second-Offense DWI Fines And Penalties

  • A second DWAI conviction within five years will be classified as a traffic infraction, including fines up to $750, court costs, jail up to 30 days and a minimum six-month license revocation.
  • A second DWI conviction within 10 years is a felony, including fines up to $5,000, court costs, jail up to four years and a minimum one-year license revocation.
  • A second AGG-DWI conviction within 10 years is a felony, including fines up to $5,000, court costs, jail up to four years and a minimum 18-month license revocation.

Third-Offense DWI Fines And Penalties

  • A third DWAI conviction within 10 years will be classified as a misdemeanor, including fines up to $1,500, court costs, jail up to 180 days and a minimum six-month license revocation.
  • A third DWI conviction within 10 years is a felony, including fines up to $10,000, court costs, jail up to seven years and a minimum one-year license revocation.
  • A third AGG-DWI conviction within 10 years is a felony, including fines up to $10,000, court costs, jail up to seven years and a minimum 18-month license revocation.

Additional Penalties

  • Ignition interlock device installation (a device that measures your BAC level each time you try to start your car) in your vehicle at your expense
  • Payments for driver responsibility assessments over the next three years
  • Alcohol assessment for certain repeat offenders
  • Vehicular manslaughter or assault charges if you are convicted of an alcohol- or drug-related driving offense that causes death or injury to another person

Don't Face DWI Charges Alone — Call Our Law Firm Immediately

Schedule a free initial consultation with one of our attentive and experienced lawyers. Please call 718-618-5567 or toll free 877-419-3070, or email us to set up a meeting.

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