New York law establishes three levels of driving under the influence. Driving while ability impaired charges result from blood alcohol content of 0.05% to 0.07%. BAC of 0.08% or higher carries the more serious charge of driving under the influence. BAC of 0.18% or higher constitutes an aggravated DUI.
Before going to court for a DWAI or DWI in New York, review the possible penalties for a conviction.
Maximum DWAI penalties
Drivers with no prior convictions could receive up to a 90-day license suspension, up to 15 days in jail and a $500 fine after a DWAI arrest. The second conviction in five years carries double the possible jail time, a fine of up to $750 and license suspension for up to six months. For a third DWAI in a decade, the driver could receive double fines, a driver’s license suspension for up to six months and up to 180 days in jail.
A first-time DWI carries a minimum six-month license revocation, up to 12 months in jail and a fine of up to $1,000. The second DWI conviction in a decade results in license revocation for at least a year, up to four years in jail and a fine of up to $5,000. For a third DWI, the driver could get up to seven years in jail and up to a $10,000 fine along with a 12-month license revocation.
Aggravated DWI penalties
An aggravated DWI carries license revocation for at least a year, up to a year in jail and a $2,500 fine. For the second such offense in 10 years, the person will receive doubled fines, license revocation for at least 18 months and up to four years in jail. A third aggravated DUI carries a doubled fine compared to the second offense, the same license revocation period and up to seven years in jail.
In addition to these charges, drivers who refuse a breath test are subject to additional penalties.