Penalties

Penalties for Drunk Driving in New York

In New York, the penalties for aggravated DWI (A-DWI), driving while intoxicated (DWI) or driving while ability impaired (DWAI), are severe. You could be charged with a felony criminal offense. Without a skilled New York DWI lawyer, even a first offense for drunk driving can result in a drivers license suspension or revocation, a large fine, and in certain cases, jail time:

AGGRAVATED DWI – A-DWI – .18 and Higher

1st Offense(misdemeanor)
FINE: Minimum $1,000 Maximum $2,500
JAIL: Up to 1 Year
LICENSE: Minimum 1-Year Revocation

2nd Offense Within 10 years Class E felony
FINE: Minimum $1,000 Maximum $5,000
JAIL: Up to 1 1/3rd – 4 years
LICENSE: Minimum 18-Month Revocation

3rd Offense Within 10 years Class D felony
FINE: Minimum $1,000 Maximum $5,000
JAIL: Up to 2 1/3rd – 7 years
LICENSE: Minimum 18-Month Revocation

DRIVING WHILE INTOXICATED – DWI – .08 and Higher or Other Evidence of Intoxication

1st Offense(misdemeanor)
FINE: Minimum $500 Maximum $1,000
JAIL: Up to 1 Year
LICENSE: Minimum 6-Month Revocation

2nd Offense Within 10 years Class E felony
FINE: Minimum $1,000 Maximum $5,000
JAIL: Up to 1 1/3rd – 4 years
LICENSE: Minimum 1 -Year Revocation

3rd Offense Within 10 years Class D felony
FINE: Minimum $2,000 Maximum $10,000
JAIL: Up to 2 1/3rd – 7 years
LICENSE: Minimum 1 -Year Revocation

Between .05 and .07 or Other Evidence of Impairment

1st Offense(traffic infraction)
FINE: Minimum $300 Maximum $500
JAIL: Up to 15 Days
LICENSE: 90-Day Suspension

2nd Offense Within 5 years(traffic infraction)
FINE: Minimum $500 Maximum $750
JAIL: Up to 30 Days
LICENSE: Minimum 6-Month Revocation

3rd Offense Within 10 years(misdemeanor)
FINE: Minimum $750 Maximum $1,500
JAIL: Up to 180 Days
LICENSE: Minimum 6-Month Revocation (if current violation occurred within 5 years of previous violation)

Every county in New York State has a STOP/DWI program. This means more police with better equipment are on the roads looking for impaired drivers, more district attorneys are prosecuting them, and more judges are hearing drinking driving cases. You need an experienced New York DWI lawyer protecting you against the criminal system. We strive to protect our clients’ rights and interests by challenging the stop on Fourth Amendment grounds and by challenging the accuracy of breath tests, blood tests, and urine tests. We can also get clients into treatment programs that mean avoiding more serious punishments.

Contact Us

If you have been arrested and charged with a DWI, contact our lawyers. We can help protect your current and future rights and interests.


Our law office offers convenience, ease, and certitude of a positive outcome. We will represent you in any court in the State of New York. we get your court appearance waived so you do not have to take time off. We give you piece of mind by giving you a money back guarantee.

Call us toll free at 1-877-99-NO-TIX (1-877-996-6849) or e-mail. We need your name, the name of the court, the charge(s), and if a speeding ticket the speed limit and the speed charged. You can e-mail us, scan and e-mail the ticket, or fax it to us at 914-777-2999. Don’t wait, do it today!