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DUI (DWI) Penalties in New York

Driving While Intoxicated

The penalty system in New York State is designed to motivate drivers who are convicted of DWI to refrain from continuing such activity in the future. After the first offense, penalties are heightened very harshly.  The penalty for the first Driving While Intoxicated (DWI) offense is a misdemeanor that carries with it a  $500 to $1,000 fine, up to one year in jail, and a minimum 6-month license revocation. The penalty for the second DWI offense within 10 years is an E Felony, which carries a fine of  $1,000 to $5,000, up to four years in jail, and minimum one-year license revocation. The penalty for the third DWI offense within 10 years is also an E Felony. This carries a $2,000 to $10,000 fine, up to seven years in jail, and minimum one-year license revocation.
Driving While Ability Impaired

The penalty for the first conviction for driving while ability impaired (DWAI), carries with it a fine of $300 to $500, up to 15 days in jail, and a 90-day license revocation. The penalty for the second DWAI offense, within 5 years of another DWI offense, carries with it a $500 to $750 fine, and a minimum 6-month license revocation.  The third conviction of DWAI within 10 years is a misdemeanor that carries with it a fine of $750 to $1,500, up to 180 days in jail, and a 6-month license revocation.

Aggravated Driving While Intoxicated Per Se

The first conviction of aggravated driving while intoxicated (ADWI) per se is a misdemeanor and carries a fine of $1,000 to $2,500, up to one year in jail, and a one-year license revocation.  The second conviction of ADWI within 10 years is an E felony and comes with a fine as low as $2,000 and as high as $10,000 with up to four years of prison time, and a minimum 18-month license revocation. The third conviction of ADWI within 10 years is a D felony and carries with it a fine of $2,000 up to $10,000, up to seven years in jail, and a minimum 18-month license revocation.

Aggravated Driving While Intoxicated with a Child

The first conviction for Aggravated Driving While Intoxicated with a Child is classified as an E felony, carries a $2,000 to $5,000 fine, up to four years in jail, and a minimum 1-year license revocation. The second conviction within 10 years is also classified as an E felony, carries a $2,000 to $5,000 fine, up to four years in jail, and a minimum 18-month license revocation. The third conviction within 10 years is classified as a D felony, fine from $2,000 to $10,000, up to seven years in jail and a minimum 18-month license revocation.


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