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New York DUI DWI Penalties

Under state law, a first New York DUI offense (also known as a DWI) is a misdemeanor in most circumstances. However, this crime quickly escalates to a felony upon the second conviction if the second conviction occurs within five years of the first. A third DWI in New York within 10 years of the first is an even more serious felony.

A New York DUI is no small crime. If you are arrested for drinking and driving in the state, you can expect to face some serious penalties. This is why it is important to educate yourself about New York DUI law and contact a knowledgeable New York DUI lawyer for legal counsel.

Penalties for New York DWI

Like some other states, New York counts driving while ability impaired by alcohol (DWAI) and driving under the influence (DUI) as different crimes. DWAI occurs when your driving is impaired by alcohol, but your blood-alcohol content is below .08 percent. DUI is when your blood-alcohol content is at or above .08 percent.

A New York DWAI is a less serious crime than a DUI and has lesser penalties. However, breaking DWAI laws may still have you facing jail time and hefty fines.

The penalties for a first-time DWAI offense in New York include:

  • A fine ranging from $300 to $500
  • Jail sentence of up to 15 days
  • 90-day driver's license suspension

A second DWAI offense carries more serious penalties. They include:

  • A fine ranging from $500 to $750
  • Jail sentence of up to 30 days
  • Six-month driver's license revocation minimum

Finally, a third offense within 10 years is a misdemeanor and carries even more serious penalties:

  • A fine ranging from $750 to $1,500
  • Jail sentence of up to 180 days
  • One-year driver's license revocation minimum

New York DUI Penalties

If your blood-alcohol content is equal to or greater than .08 percent but less than .18 percent, you will be charged with committing a New York DUI.

The first New York DUI conviction is a misdemeanor and entails the following penalties:

  • A fine of $500 to $1,000
  • Up to a year in jail
  • Six-month license revocation minimum

If you commit DUI again within 10 years of your first conviction (which New York DUI law considers a class E felony), you will be subject to more serious penalties, such as:

  • Fines of $1,000 to $5,000
  • Up to four years in jail with a minimum sentence of five days or 30 days of community service
  • One-year driver's license revocation minimum
  • Installation of an ignition interlock device

If you commit a New York DUI for a third time within five years, you will be guilty of committing a class D felony and may face the following penalties:

  • Fines ranging from $2,000 to $10,000
  • Up to seven years in jail with a minimum of 10 days or 60 days of community service
  • One-year driver's license revocation minimum with the possibility of permanent revocation
  • Installation of an ignition interlock device

New York DUI Penalties for Aggravated DUI

If you are caught driving in New York with a blood-alcohol content of .18 or higher, you will be charged with aggravated DUI. Aggravated DUI has many of the same penalties as non-aggravated DUI. The main difference in penalty is the duration of driver's license revocations.

Specifically, the first time you commit aggravated DUI in New York, you may have your license revoked for a minimum of a year. For both your second and third offenses, you face having your license revoked for a minimum of 18 months. With your third offense, if it occurred within 10 years of your other offenses, you risk losing your license permanently.

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