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
| Penalty | First offense | Second offense | Third offense |
|---|---|---|---|
| Charge | misdemeanor (DWAI-alcohol is a traffic infraction) | class E felony (when the prior conviction was within 10 years) | class D felony |
| Jail | up to 1 year | up 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 years | up 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 suspension | revoked 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 interlock | court 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 probation | court 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.
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.
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
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
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.