New York DUI Laws

In the state of New York you will be charged with Driving While Intoxicated (DWI) if your Blood Alcohol Content (BAC) is 0.08%, the minimum BAC known to impair everyone.

First New York DWI Offense

• Class “E” felony if minor under 16 in vehicle
• Up to 1 year imprisonment; up to 4 years if minor under 16 in vehicle
• $500 to $1000 fine; up to $5000 if minor under 16 in vehicle
• Minimum 6-month license suspension
• Mandatory surcharge
• Mandatory alcohol screening/evaluation
• Possible ignition interlock
• Possible driver responsibility assessment

Second New York DWI Offense

• Class “E” felony
• Minimum 5 days to 4 years imprisonment; up to 4 years if minor under 16 in vehicle
• $1000 to $5000 fine; up to $5000 if minor under 16 in vehicle
• 30 days community service
• Minimum 6-month license suspension
• Mandatory surcharge
• Mandatory alcohol screening/evaluation
• Possible ignition interlock
• Possible driver responsibility assessment

Third New York DWI Offense

• Class “D” felony
• Minimum 10 days to 7 years imprisonment; up to 4 years if minor under 16 in vehicle
• $2000 to $10,000 fine; up to $5000 if minor under 16 in vehicle
• 60 days community service
• Minimum 1-year license suspension
• Mandatory surcharge
• Possible ignition interlock
• Alcohol assessment

New York’s implied consent law means that if you are pulled over for suspected DUI and you refuse to submit to a test, your license will be suspended for at least one year plus a $500 fine and a $750 fine for a second refusal.