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New York DUI Laws

In the state of New York you will be charged with Driving While Intoxicated (DWI) if your Blood Alcohol Content (BAC) is 0.08%, the minimum BAC known to impair everyone.

First New York DWI Offense

  • Class “E” felony if minor under 16 in vehicle
  • Up to 1 year imprisonment; up to 4 years if minor under 16 in vehicle
  • $500 to $1000 fine; up to $5000 if minor under 16 in vehicle
  • Minimum 6-month license suspension
  • Mandatory surcharge
  • Mandatory alcohol screening/evaluation
  • Possible ignition interlock
  • Possible driver responsibility assessment

Second New York DWI Offense
  • Class “E” felony
  • Minimum 5 days to 4 years imprisonment; up to 4 years if minor under 16 in vehicle
  • $1000 to $5000 fine; up to $5000 if minor under 16 in vehicle
  • 30 days community service
  • Minimum 6-month license suspension
  • Mandatory surcharge
  • Mandatory alcohol screening/evaluation
  • Possible ignition interlock
  • Possible driver responsibility assessment

Third New York DWI Offense
  • Class “D” felony
  • Minimum 10 days to 7 years imprisonment; up to 4 years if minor under 16 in vehicle
  • $2000 to $10,000 fine; up to $5000 if minor under 16 in vehicle
  • 60 days community service
  • Minimum 1-year license suspension
  • Mandatory surcharge
  • Possible ignition interlock
  • Alcohol assessment

New York’s implied consent law means that if you are pulled over for suspected DUI and you refuse to submit to a test, your license will be suspended for at least one year plus a $500 fine and a $750 fine for a second refusal.