New York · DWI · Checked October 2026

DWI Laws in New York

What Happens if You Get a DWI in New York?

New York calls it DWI, and the legal limit for adult drivers is 0.08 blood alcohol content.

First offense jail
Up to 1 year
First offense fine
$500 to $1,000 (Aggravated DWI: $1,000 to $2,500)
First offense license
Revoked for at least 6 months (Aggravated DWI: at least 1 year)
Felony
DWI, Aggravated DWI or drug-impaired driving after a prior such conviction within 10 years is a class E felony; with two priors within 10 years, or three or more within 15 years, it is a class D felony. Driving drunk with a child 15 or younger in the car is a class E felony on any offense

New York DWI Laws: Key Facts

Legal limit (adults)
0.08 BACN.Y. Veh. & Traf. Law § 1192(2), (2-a)(a), (5); § 1192-a
Commercial drivers (CDL)
0.04 BAC
Drivers under 21
0.02 BAC (.02 to .07 BAC violates the Zero Tolerance Law (VTL 1192-a) and is handled at a DMV hearing; .05 or more may be charged as DWAI or DWI in criminal court)
Enhanced penalties from
0.18 BAC
Lookback period
10 years

New York DWI Penalties by Offense

DWI penalties in New York for a first, second and third offense
PenaltyFirst offenseSecond offenseThird offense
Chargemisdemeanor (DWAI-alcohol is a traffic infraction)class E felony (when the prior conviction was within 10 years)class D felony
Jailup to 1 yearup to 4 years in state prison (class E felony if the prior DWI conviction was within 10 years); at least 5 days in jail or 30 days of community service if the prior DWI was within 5 yearsup to 7 years in state prison (class D felony with two prior convictions within 10 years, or three or more within 15 years); at least 10 days in jail or 60 days of community service if the priors were within 5 years
Fine$500 to $1,000 (Aggravated DWI: $1,000 to $2,500)$1,000 to $5,000$2,000 to $10,000
License suspensionrevoked for at least 6 months (Aggravated DWI: at least 1 year)revoked for at least 1 year (18 months if the prior was Aggravated DWI)revoked for at least 1 year (18 months if a prior was Aggravated DWI); three or more alcohol or drug convictions or refusals within 10 years can bring permanent revocation, with a waiver request allowed after at least 5 years
Ignition interlockcourt must order an ignition interlock as a condition of probation or conditional discharge, for no less than 12 months (ends early on proof of at least 6 months of installation unless the court orders longer)court must order an ignition interlock for no less than 12 months; for a repeat offense within 5 years, on each vehicle owned or operated during revocation and any probationcourt must order an ignition interlock for no less than 12 months

First offense: N.Y. Veh. & Traf. Law § 1193(1)(a), (1)(b), (2)(b) · Second offense: N.Y. Veh. & Traf. Law § 1193(1)(c)(i), (1-a)(a), (2)(b) · Third offense: N.Y. Veh. & Traf. Law § 1193(1)(c)(ii), (ii-a), (1-a)(b)

When Penalties Are Higher

  • BAC .18 or higher (Aggravated DWI): fine of $1,000 to $2,500 and up to 1 year in jail; license revoked at least 1 yearN.Y. Veh. & Traf. Law § 1192(2-a)(a); § 1193(1)(b)(i), (2)(b)
  • child aged 15 or younger in the vehicle (Leandra's Law): class E felony even on a first offense, punishable by up to 4 years in state prison and a fine of $1,000 to $5,000N.Y. Veh. & Traf. Law § 1192(2-a)(b); § 1193(1)(c)(i)(B)

More on New York DWI penalties · Estimate penalties for your situation

If You Refuse a Breath or Blood Test

license revoked at least 1 year (18 months if a prior refusal or DWI conviction within 5 years) plus a $500 civil penalty ($750 for a repeat within 5 years; $550 for commercial drivers); separate from any DWI penaltiesN.Y. Veh. & Traf. Law § 1194(2)(d)(1), (2)(d)(2)

Official source: if you refuse a breath or blood test in New York

Getting a Conditional License (Through the Drinking Driver Program); Hardship Privilege During Suspension Pending Prosecution

People who enroll in the Drinking Driver Program may, at the commissioner's discretion, get a conditional license limited to trips such as to and from work, school, DDP classes, probation activities, medical treatment and child care; it stays conditional for the full revocation period. A conditional license is also possible after 30 days of suspension pending prosecution. During that suspension, a court that finds extreme hardship may grant a hardship privilege. You can't join the DDP if you took part in it or were convicted of an alcohol or drug driving offense in the prior 5 years.

Official source: getting a conditional license (through the drinking driver program); hardship privilege during suspension pending prosecution in New York

Ignition Interlock

First offense: yes for a misdemeanor or felony DWI conviction: at least 12 months as a condition of probation or conditional discharge (can end after 6 months of proven installation unless the court orders longer) Repeat offenses: yes; for Aggravated DWI or a repeat offense within 5 years, on each vehicle owned or operated during revocation and any probation Installed and maintained at the driver's expense on any vehicle the person owns or operates, under VTL 1198.

Official source: ignition interlock in New York

Can a DWI Come Off Your Record?

sealing by court application for up to two eligible convictions, no more than one of them a felony Waiting period: at least 10 years after sentencing on the latest conviction, or after release from incarceration Apply to the court of conviction; the district attorney may object within 45 days. A sealed conviction still counts as a prior conviction for enhancing a later penalty.

Official source: can a dwi come off your record? in New York

Drivers Under 21

Drivers under 21 with a BAC of .02 to .07 violate the Zero Tolerance Law and go to a DMV hearing; at .05 or more police may charge DWAI or DWI in criminal court first finding: 6-month suspension, $125 civil penalty and $100 suspension termination fee; second: revoked at least 1 year or until age 21, whichever is longer, plus $125 civil penalty and $100 re-application fee; a refusal under Zero Tolerance brings a 1-year revocation and a $300 civil penalty; under-21 DWI convictions bring a 1-year revocation

Official source: drivers under 21 in New York

Driving After Using Drugs

Yes. Driving while ability impaired by a drug (VTL 1192(4)) and by a combination of drugs or alcohol and drugs (VTL 1192(4-a)) carry the same fines, jail and felony rules as DWI

Official source: driving after using drugs in New York

More on DWI Law in New York

For the state's own guidance, see NY DMV: Penalties for alcohol or drug-related violations.

This page summarizes New York law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in New York can advise on your case.

Frequently Asked Questions

What Is the Penalty for a First DWI in New York?

Jail: up to 1 year. Fine: $500 to $1,000 (Aggravated DWI: $1,000 to $2,500). License suspension: revoked for at least 6 months (Aggravated DWI: at least 1 year).

When Is a DWI a Felony in New York?

DWI, Aggravated DWI or drug-impaired driving after a prior such conviction within 10 years is a class E felony; with two priors within 10 years, or three or more within 15 years, it is a class D felony. Driving drunk with a child 15 or younger in the car is a class E felony on any offense.

Sources

  1. Blood alcohol limits: N.Y. Veh. & Traf. Law § 1192(2), (2-a)(a), (5); § 1192-a
  2. Penalties: N.Y. Veh. & Traf. Law § 1193(1)(a), (1)(b), (2)(b)
  3. License suspension and hearing: N.Y. Veh. & Traf. Law § 1193(2)(e)(7); § 1194(2)(b)(3), (2)(c), (2)(d)
  4. Hardship license
  5. Record and expungement
  6. Underage drivers

dui.help is an independent guide, not a law firm or a government agency, and doesn't give legal advice. For advice on your case, talk to a lawyer licensed in your state; your state bar can refer you, and if you can't afford a lawyer, ask the court about a public defender.