DWI Laws in New York

In the state of New York, law enforcement maintains strict policies when it comes to drinking and driving. An individual can still be arrested and charged with an alcohol related driving offense even if their blood-alcohol concentration (BAC) is under the legal limit—which is known as a Driving While Ability Impaired (DWAI)—if it is determined by the arresting officer that an individual has been impacted by the effects of alcohol to the point that he or she should not be operating a vehicle. A person may also be charged with a crime if he or she is suspected of driving under the influence of drugs As such, it is important to fully understand the scope of the alcohol / drug related driving laws in New York if you hope to avoid the serious penalties of a criminal conviction. Law enforcement is often unforgiving.

In New York, the limit of intoxication to charge a driver with the misdemeanor of DWI per se is 0.08% of one percent or more by weight of alcohol in the person’s blood.  If a driver is found to have consumed alcohol, but his or her BAC registers below 0.08%, that person may be charged with the infraction DWAI, which can lead to harsh sanctions as well. In the case of underage drivers and commercially licensed drivers, there are sanctions for registering BAC results as low as 0.02% and 0.04%, respectively.

If you are suspected of operating a vehicle under the influence of alcohol or drugs, law enforcement officers will often utilize field sobriety testing—which is a series of physical and cognitive activities that are used to generally determine a driver's level of intoxication. The one-leg stand, the horizontal gaze nystagmus and the walk and turn are the three tests most often used and they were developed by the National Highway Traffic Safety Administration as a way for officers in the field to gauge a driver's ability to operate a motor vehicle. Performing poorly on any of these tests may lead to an arrest and can be used against you in court.

Penalties of a DWI Conviction

If you have been arrested and charged with any type of DWI offense in the state, you are likely aware of the fact that you could face severe legal penalties if convicted. The following is a guide to some of the possible penalties for alcohol related driving offenses:

First DWAI Offense:

  • Up to 15 days in jail
  • License suspension for 90 days
  • Fines from $300 - $500
  • Payment of mandatory surcharge
  • Driver Responsibility Assessment of $750
  • Mandated enrollment in the Drinker Driving Program with fees to join
  • Suspension termination fees to the DMV

Second DWAI Offense:

  • Up to 30 days in jail
  • License revocation for 6 months if prior within five years
  • Fines from $500 - $750
  • Payment of mandatory surcharge
  • Driver Responsibility Assessment of $750
  • Fees to reapply for license

First DWI Offense:

  • Up to 1 year in jail
  • Probation for 3 years
  • License revocation for 6 months
  • Fines from $500 - $1,000
  • Payment of mandatory surcharge
  • Installation and maintenance of Ignition Interlock Device
  • Driver Responsibility Assessment of $750
  • Mandated enrollment in the Drinker Driving Program with fees to join
  • Fees to reapply for license

Notwithstanding the suspension or revocation periods shown above, if you are adjudicated to have refused a test of your BAC upon arrest for an alcohol related driving offense, the DMV will revoke your license for at least one year.

Additionally, if you are to be charged with DWI and you have been previously convicted of a DWI misdemeanor (or felony) within the preceding ten years, you may be charged with a felony. 

If you have been charged with any of the drinking and driving offenses above, it is important that you enlist the help of a legal professional immediately. Eric Zitofsky has extensive experience in defending drivers who have been charged with driving under the influence of alcohol or drugs. Contact us for more information.