Consequences of Driving While Intoxicated, DWI in New York

A conviction for any violation of the New York State Vehicle and Traffic Law (VTL) section 1192 will result in various monetary and licensing consequences for the driver, and may even result in the driver’s incarceration. In addition, such a conviction will appear on the driver’s DMV driving abstract for 10 years, will in most cases appear on his or hers DCJS record (i.e., rap sheet) for life, and will in all likelihood result in a substantial increase in his or her’s automobile insurance premiums for several years.

Specific consequences for Driving While Intoxicated, DWI also called DUI are set forth below.

Driving While Intoxicated DWI – First Offence

Driving While Intoxicated, DWI, in violation of VTL section 1192 (2) or (3) is a misdemeanor. A driver who is convicted of a DWI as a first offense is subject to the following consequenses:

1. A fine of between $500 and $1000, up to 1 year in jail, or both.

2. A period of probation of 3 years.

3. Mandatory revocation of his or her driver’s license for 6 months.

4. Discretionary suspension of his or her registration for at least 6 months.

5. A mandatory surcharge of $370. If the case is in either a Town or Village Court, the Court must add an additional $5 to this surcharge.

6. A mandatory victim assistance fee of $25.

7. A mandatory driver responsibility assessment of $250 a year for 3 years.

8. Discretionary imposition of a requirement that the defendant attend a single session of a Victim Impact Panel.

9. A mandatory requirement that a driver install and maintain a functioning ignition interlock device in any motor vehicle that he or she owns or operates for at least 6 months.

In addition, the driver may eligible for a conditional license.

Driving While Intoxicated, DWI - Second Offense

An arrest and subsequent conviction for DWI and having been convicted of a violation of VTL 1192 (2), (2-a), (3), (4), or (4-a) within the preceding 10 years can be charged with a class E felony and is subject to the following consequences:

1. A fine of between $1000 and $5000, and up to 4 years in Jail or both.

2. Up to 5 years probation

3. Mandatory revocation of his or her’s driver’s license for at least 1 year. In addition DMV will require evidence of an alcohol evaluation and/or rehabilitation before it will relicense the driver.

4. Discretionary revocation of his or her registration for at least 1 year.

5. A mandatory surcharge of $495. If the case is either a Town or Village Court, the Court must add an additional $5 to this surcharge.

6. A mandatory crime victim assistance fee of $25

7. A mandatory driver responsibility assessment fee of $250 a year for 3 years.

8. Discretionary imposition of a requirement that the defendant attend a single session of a Victim Impact Panel.

9. A mandatory requirement that the driver install and maintain a functioning interlock device in any motor vehicle that he or she owns or operates for at least 6 months year.

Aggravated Driving While Intoxicated – Aggravated DWI – First Offence

Aggravated Driving While Intoxicated, Aggravated DWI, in violation of VTL section 1192 (2-a) is where the driver has a BAC .18 or over and is a misdemeanor. A driver who is convicted of a Aggravated DWI as a first offense is subject to the following consequences:

1. A fine of between $1000 and $2500, up to 1 year in jail, or both.

2. A period of probation of 3 years.

3. Mandatory revocation of his or her driver’s license for 1 year.

4. Discretionary suspension of his or her registration for at least 1 year.

5. A mandatory surcharge of $370. If the case is in either a Town or Village Court, the Court must add an additional $5 to this surcharge.

6. A mandatory victim assistance fee of $25.

7. A mandatory driver responsibility assessment of $250 a year for 3 years.

8. Discretionary imposition of a requirement that the defendant attend a single session of a Victim Impact Panel.

9. A mandatory requirement that a driver install and maintain a functioning ignition interlock device in any motor vehicle that he or she owns or operates for at least 6 months.

In addition, the driver may eligible for a conditional license.

Aggravated Driving While Intoxicated, Aggravated DWI - Second Offense

An arrest and subsequent conviction for Aggravated DWI and having been convicted of a violation of VTL 1192 (2), (2-a), (3), (4), or (4-a) within the preceding 10 years is subject to the following consequences:

1. A fine of between $1000 and $5000, and up to 4 years in Jail or both.

2. Up to 5 years probation

3. Mandatory revocation of his or her’s driver’s license for at least 1 year. In addition DMV will require evidence of an alcohol evaluation and/or rehabilitation before it will relicense the driver.

4. Discretionary revocation of his or her registration for at least 1 year.

5. A mandatory surcharge of $495. If the case is either a Town or Village Court, the Court must add an additional $5 to this surcharge.

6. A mandatory crime victim assistance fee of $25

7. A mandatory driver responsibility assessment fee of $250 a year for 3 years.

8. Discretionary imposition of a requirement that the defendant attend a single session of a Victim Impact Panel.

9. A mandatory requirement that the driver install and maintain a functioning interlock device in any motor vehicle that he or she owns or operates for at least 6 months year.

Driving While Ability Impaired by Drugs, DWI Drugs – First Offence

Driving While Ability Impaired by Drugs, DWI Drugs, in violation of VTL section 1192 (4) is a misdemeanor. A driver who is convicted of a DWI Drugs as a first offense is subject to the following consequences:

1. A fine of between $500 and $1000, up to 1 year in jail, or both.

2. A period of probation of 3 years.

3. Mandatory revocation of his or her driver’s license for 6 months.

4. Discretionary suspension of his or her registration for at least 6 months.

5. A mandatory surcharge of $370. If the case is in either a Town or Village Court, the Court must add an additional $5 to this surcharge.

6. A mandatory victim assistance fee of $25.

7. A mandatory driver responsibility assessment of $250 a year for 3 years.

8. Discretionary imposition of a requirement that the defendant attend a single session of a Victim Impact Panel.

In addition, the driver will not be eligible for a conditional license but may be eligible for a restricted use license.

Driving While Ability Impaired by Drugs, DWI Drugs- Second Offense

An arrest and subsequent conviction for DWI Drugs and having been convicted of a violation of VTL 1192 (2), (2-a), (3), (4), or (4-a) within the preceding 10 years is subject to the following consequences:

1. A fine of between $1000 and $5000, and up to 4 years in Jail or both.

2. Up to 5 years probation

3. Mandatory revocation of his or her’s driver’s license for at least 1 year. In addition DMV will require evidence of an alcohol evaluation and/or rehabilitation before it will relicense the driver.

4. Discretionary revocation of his or her registration for at least 1 year.

5. A mandatory surcharge of $495. If the case is either a Town or Village Court, the Court must add an additional $5 to this surcharge.

6. A mandatory crime victim assistance fee of $25

7. A mandatory driver responsibility assessment fee of $250 a year for 3 years.

8. Discretionary imposition of a requirement that the defendant attend a single session of a Victim Impact Panel.

Driving While Intoxicated, DWI - Third Offense

Aggravated Driving While Intoxicated, Aggravated DWI - Third Offense

Driving While Ability Impaired by Drugs, DWI Drugs –Third Offense

An arrest and subsequent conviction for DWI, Aggravated DWI or DWI Drugs after having been convicted of a violation of VTL 1192 (2), (2-a), (3), (4), or (4-a) twice within the preceding 10 years can be charged with a class D felony, and is subject to the following consequences:

1. A fine of between $2000 and $5000, and up to 7 years in Jail or both.

2. A period of 5 years probation

3. Mandatory revocation of his or her’s driver’s license for at least 1 ½ years. In addition DMV will require evidence of an alcohol evaluation and/or rehabilitation before it will relicense the driver.

4. Discretionary revocation of his or her registration for at least 1 year.

5. A mandatory surcharge of $495. If the case is either a Town or Village Court, the Court must add an additional $5 to this surcharge.

6. A mandatory crime victim assistance fee of $25

7. A mandatory driver responsibility assessment fee of $250 a year for 3 years.

8. Discretionary imposition of a requirement that the defendant attend a single session of a Victim Impact Panel.

9. A mandatory requirement that the driver install and maintain a functioning interlock device in any motor vehicle that he or she owns or operates for at least 6 months year.

(Except in a DWI Drugs conviction).