Driving under the influence of alcohol or drugs in New York carries severe penalties that can profoundly affect your personal and professional life. A conviction could lead to significant fines, loss of driving privileges, and even jail time. Beyond the immediate legal consequences, such a conviction often results in long-term setbacks, including damage to your reputation, difficulties in securing employment, and increased insurance costs. It is crucial to address these charges with a clear understanding of the law and a strong legal defense.
At Lebedin Kofman LLP, our team of Nassau County DWI lawyers is dedicated to defending the rights of individuals charged with alcohol or drug-impaired driving. We focus on providing quality representation and legal defense, recognizing the impact a conviction could have on your future. If you are facing DWI charges, contact us today at (516) 212-4209 to discuss how we can support you in this critical situation.
Understanding DWI and DWAI Offenses in New York
In New York, operating a vehicle under the influence of alcohol or drugs is addressed through specific legal classifications, notably Driving While Intoxicated (DWI) and Driving While Ability Impaired (DWAI).
DWI refers to operating a motor vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher, or exhibiting other evidence of intoxication. This offense indicates a significant level of impairment.
DWAI encompasses situations where a driver’s ability is impaired to any extent by alcohol or drugs, but not to the level of intoxication defined under DWI. This includes:
Alcohol-DWAI: Typically involves a BAC between 0.05% and 0.07%.
Drug-DWAI: Pertains to impairment due to drug consumption other than alcohol.
Combination-DWAI: Involves impairment from a combination of alcohol and drugs.
Blood Alcohol Content (BAC) Levels and Their Significance
BAC measures the concentration of alcohol in a person’s bloodstream and is a critical factor in determining impairment levels:
0.05% BAC: Presumed evidence of impairment, potentially leading to a DWAI charge.
0.08% BAC: Legal threshold for intoxication, resulting in a DWI charge.
0.18% BAC and above: Qualifies as Aggravated DWI, leading to more severe penalties.
Recognizing these BAC thresholds is essential for understanding the legal implications of alcohol consumption when operating a vehicle in New York.
Penalties for First-Time Offenders
In New York, first-time offenders convicted of Driving While Intoxicated (DWI) or Driving While Ability Impaired (DWAI) face distinct penalties, reflecting the severity of each offense.
Driving While Intoxicated (DWI)
A first-time DWI offense is classified as a misdemeanor and carries the following penalties:
Fines: Between $500 and $1,000.
Jail Time: Up to one year.
Driver’s License Revocation: At least six months.
Additional Costs: A Driver Responsibility Assessment fee of $250 per year for three years, totaling $750.
Driving While Ability Impaired (DWAI)
DWAI offenses are categorized based on the substance causing impairment:
Alcohol-DWAI: Operating a vehicle with a Blood Alcohol Content (BAC) between 0.05% and 0.07%.
Fines: $300 to $500.
Jail Time: Up to 15 days.
Driver’s License Suspension: 90 days.
Drug-DWAI: Impairment due to drug consumption.
Fines: $500 to $1,000.
Jail Time: Up to one year.
Driver’s License Revocation: At least six months.
It’s important to note that while both offenses are serious, DWI carries more severe penalties due to the higher level of impairment associated with a BAC of 0.08% or above.
Enhanced Penalties for Repeat Offenders
In New York, repeat offenders of Driving While Intoxicated (DWI) face increasingly severe penalties to deter impaired driving and enhance public safety.
Second Offense
A second DWI conviction within ten years elevates the offense to a Class E felony. Penalties include fines ranging from $1,000 to $5,000, a maximum jail term of four years, and a mandatory driver’s license revocation for at least one year.
Third and Subsequent Offenses
A third DWI conviction within ten years constitutes a Class D felony. Offenders may face fines between $2,000 and $10,000, up to seven years in prison, and a driver’s license revocation for at least 18 months.
“Forfeit After Four” Policy and Permanent License Revocation
Effective January 2025, New York’s “Forfeit After Four” policy mandates permanent revocation of driving privileges for individuals with four or more drug- or alcohol-related driving convictions or incidents. This policy lowers the previous threshold from five to four offenses, reflecting the state’s commitment to removing persistently impaired drivers from its roads.
These escalating penalties underscore New York’s stringent approach toward repeat DWI offenders, aiming to promote safer roadways and reduce alcohol-related incidents.
Offense
Classification
Fines
Imprisonment
License Revocation
Ignition Interlock Device
First Offense
Misdemeanor
$1,000 – $2,500
Up to 1 year
At least 1 year
Required for at least 6 months
Second Offense (within 10 years)
Class E felony
$1,000 – $5,000
Up to 4 years
Minimum 18 months
Required, duration may be extended
Third Offense (within 10 years)
Class D felony
$2,000 – $10,000
Up to 7 years
Minimum 18 months
Required, duration may be extended
Aggravated DWI: Higher BAC Levels and Severe Penalties
In New York, Aggravated Driving While Intoxicated (Aggravated DWI) is a serious offense characterized by higher blood alcohol concentration (BAC) levels or specific aggravating factors, leading to more severe penalties compared to standard DWI charges.
Criteria for Aggravated DWI Charges
An individual may be charged with Aggravated DWI under the following circumstances:
High BAC Levels: Operating a vehicle with a BAC of 0.18% or higher.
Child Passenger: Driving while intoxicated with a passenger aged 15 or younger, as stipulated by Leandra’s Law.
Increased Fines and Longer License Revocations
Penalties for Aggravated DWI are notably harsher than those for standard DWI offenses:
First Offense: Classified as a misdemeanor, it carries fines ranging from $1,000 to $2,500, potential jail time of up to one year, and a mandatory driver’s license revocation for at least one year.
Second Offense within 10 Years: Elevated to a Class E felony, with fines between $1,000 and $5,000, imprisonment up to four years, and a minimum 18-month license revocation.
Third Offense within 10 Years: Considered a Class D felony, resulting in fines from $2,000 to $10,000, up to seven years in prison, and a minimum 18-month license revocation.
Mandatory Ignition Interlock Device Installation
Individuals convicted of Aggravated DWI are required to install an ignition interlock device (IID) in any vehicle they own or operate. This device measures the driver’s BAC before allowing the engine to start, preventing operation if alcohol is detected. The IID must remain installed for a minimum of six months, with the duration potentially extended based on the court’s discretion and the specifics of the offense.
Penalties for Refusing a Chemical Test
In New York, refusing to submit to a chemical test during a Driving While Intoxicated (DWI) investigation carries significant legal and administrative consequences.
What is the Implied Consent Law in New York?
Under New York’s implied consent law, by operating a motor vehicle, drivers automatically consent to chemical testing (breath, blood, urine, or saliva) to determine blood alcohol content (BAC) if lawfully arrested for suspected DWI. Refusal to undergo such testing triggers immediate penalties, independent of the outcome of any related DWI charges.
Immediate License Suspension and Civil Penalties
Upon refusal, the Department of Motor Vehicles (DMV) schedules a hearing to address the violation. Pending this hearing, the driver’s license is typically suspended. If the refusal is upheld, the following penalties apply:
First Offense:
License revocation for at least one year.
Civil penalty of $500.
Driver Responsibility Assessment fee of $250 annually for three years.
Reinstatement fee of $100.
Second Offense within Five Years:
License revocation for at least 18 months.
Civil penalty of $750.
Driver Responsibility Assessment fee of $250 annually for three years.
Reinstatement fee of $100.
Impact on Future Driving Privileges
Refusing a chemical test not only results in immediate penalties but also adversely affects future driving privileges. Drivers with multiple refusals or DWI-related offenses may face:
Indefinite license revocation, with the possibility of applying for reinstatement after five years, contingent upon completion of a rehabilitation program and adherence to other conditions.
Ineligibility for conditional or restricted licenses during the revocation period, limiting the ability to drive for essential purposes such as employment or education.
These stringent measures underscore the importance New York places on compliance with chemical testing to promote road safety and deter impaired driving.
Special Considerations for Drivers Under 21: The Zero Tolerance Law
In New York, the Zero Tolerance Law addresses underage drinking and driving by imposing strict penalties on drivers under 21 who operate a vehicle with any detectable alcohol in their system.
BAC Limits for Underage Drivers
While the legal blood alcohol concentration (BAC) limit for drivers aged 21 and over is 0.08%, the threshold is significantly lower for those under 21. A BAC between 0.02% and 0.07% can result in charges under the Zero Tolerance Law. This lower limit reflects the state’s commitment to deterring underage drinking and driving.
Administrative Penalties and License Actions
Violations of the Zero Tolerance Law lead to administrative penalties, including:
First Offense:
Driver’s license suspension for six months.
Civil penalty of $125.
A $100 fee to terminate the
