New York · DWI · Checked October 2026
New York DWI Penalties: First, Second and Third Offense
New York DWI Penalties: What Are the Rules?
New York sets DWI penalties by offense, and they rise with each conviction.
- 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
- 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 |
Other First Offense Penalties in New York
- mandatory surcharge and fees of $395 on alcohol-related misdemeanors ($520 on felonies)
- Driver Responsibility Assessment for each of the next three years
- DWAI (alcohol) under VTL 1192(1) is a traffic infraction: $300 to $500 fine, up to 15 days in jail, 90-day suspension
Other Second Offense Penalties in New York
- alcohol assessment ordered for repeat offenders
- second DWAI (alcohol) within 5 years: $500 to $750 fine, up to 30 days in jail, revoked at least 6 months
Other Third Offense Penalties in New York
- third or later DWAI (alcohol) within 10 years is a misdemeanor: $750 to $1,500 fine, up to 180 days in jail, revoked at least 6 months
When Penalties Are Higher in New York
- 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 year
- 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 $5,000
When a DWI Is 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.N.Y. Veh. & Traf. Law § 1193(1)(c)
How Far Back Prior Offenses Count in New York
10 years. 10 years for felony DWI; 15 years for a class D felony with three or more priors; 5 years for a second DWAI and for mandatory jail or community service; 5 years for the longer refusal revocationN.Y. Veh. & Traf. Law § 1193(1)(a), (1)(c), (1-a); § 1194(2)(d)(1)
Official source: how far back prior offenses count (New York)
More on DWI Law in New York
See the full overview of DWI laws in New York and read about first-offense DUI penalties across the states.
This page summarizes New York law from official sources, checked October 2026. It isn't legal advice; 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).
What Is the Penalty for a Second DWI in New York?
Jail: 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. Fine: $1,000 to $5,000. License suspension: revoked for at least 1 year (18 months if the prior was Aggravated DWI).
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.