New York DWI Penalties
Lawyers Helping New York Visitors and Residents
If you have been accused of drunk driving in New York, whether you are a resident or a visitor, it is very important to understand the New York DWI penalties. The lawyers of Greenspan & Greenspan can help you understand what penalties might apply to your case, and will fight hard to get you the minimum possible penalty.
DWI Penalties
A conviction for the misdemeanor offense of driving while intoxicated (DWI) may result in a sentence to a period of incarceration. Your attorney's job is to fight to keep you out of jail and have you serve a period of probation (usually three years).
Probation typically involves:
- Attendance at the DDP, which is similar to a driver's ed class
- Not drinking alcohol or taking drugs
- Reporting to your probation officer and consenting to the officer's search of your home
- Keeping a job
- Performing community service
In more serious cases, probation can also involve an admission interlock device, which you must pay for. After a 6-month license revocation, you will have to use the admission interlock device whenever you drive for as long as three years. You will have to blow into the device and it will have to register that you are sober, or the car won't start.
These punishments may seem difficult, but they are better than the alternatives. A conviction for a misdemeanor DWI means a mandatory fine of $500-$1000, a maximum one-year jail sentence, and a drivers' license revocation of at least 6 months. A 2nd or 3rd offense will bring longer sentences, stiffer fines, and longer periods of license revocation.
See our Penalties and Fines handout for a full list of the penalties for different drunk driving offenses in New York.
DWAI Penalties
In New York, DWAI, or Driving while Ability Impaired, is a lesser charge. A first offense of DWAI means, at most, 15 days in jail, a $300-$500 fine, and a 90-day driver's license suspension.
Visitors to New York
If you a resident of another state and are convicted of DWI or DWAI in New York, the penalties are slightly different. In addition to the other penalties described herein, your privileges to operate a motor vehicle in New York will be either revoked for six months (DWI) or suspended for ninety days (DWAI). The judge will not, however, take your out of state license.
It is important to realize that even at the conclusion of the revocation or suspension period, you cannot resume driving in New York. You must first have to apply for reinstatement and pay a fee to the New York DMV. If you fail to do so, and you are ever pulled over again in New York, you will be arrested for aggravated unlicensed operation of a motor vehicle. This is a serious charge. We strongly recommend you speak to an attorney who understands this odd New York DWI procedure.
Important Information for New York Drivers
The New York State DMV does not record out-of-state violations committed by NYS drivers in other jurisdictions. The exceptions are alcohol-related violations, drug-related violations, and moving violations committed in Quebec or Ontario. Under special agreements, traffic convictions in Quebec or Ontario are recorded on NYS driver license records and carry points. Except for violations in Ontario and Quebec, points are not recorded to your NYS record for out-of-state violations.
If you do not respond to a ticket or fail to pay a fine for a moving violation that you committed in any state except for Alaska, California, Michigan, Montana, Oregon or Wisconsin, the DMV suspends your NYS driver license until you respond to the ticket or pay the fine. If a driver from a state other than these six state fails to respond to a traffic ticket issued in New York State, their license will be suspended in New York until the driver responds to the ticket.
Drivers from other states must contact the DMV in their home state to get information about the effect of a traffic violation conviction that occurs in New York State.
Out-of-State Convictions and New York Drivers
If you receive a conviction for an alcohol-related or drug-related driving violation in any state, your New York state driver's license is revoked for at least six months.
Attorneys Ready to Help
If you have any questions about New York DWI penalties, the lawyers of Greenspan & Greenspan are ready to help. We offer free initial consultations and can meet with you during weekends or evenings. Hablamos Español.
