About
Driving while intoxicated is a crime. Your judgment, coordination, and ability to drive a vehicle change when you consume any amount of alcohol. The level of impairment depends on five conditions:
- the amount of alcohol you drink
- the amount of food you eat before or while you drink alcohol
- the length of time you drink alcohol
- your body weight
- your gender
There is no quick method to become sober. The best method is to wait until your body absorbs the alcohol. The average rate at that your body processes alcohol is approximately one drink per hour.
Penalties
In New York State, the penalties for an alcohol or drug-related violation include the loss of driving privileges, fines, and a possible jail term.
| VIOLATION | MANDATORY FINE | MAXIMUM JAIL TERM | MANDATORY DRIVER LICENSE ACTION |
|---|---|---|---|
| Aggravated Driving While Intoxicated (AGG DWI) | $1,000 - $2,500 | 1 year | Revoked for at least one year |
| Second AGG DWI in 10 years (E felony) | $1,000 - $5,000 | 4 years | Revoked for at least 18 months |
| Third AGG DWI in 10 years (D felony) | $2,000 - $10,000 | 7 years | Revoked for at least 18 months |
| Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug) | $500 - $1,000 | 1 year | Revoked for at least six months |
| Second DWI or DWAI-Drug violation in 10 years (E felony) | $1,000 - $5,000 | 4 years | Revoked for at least one year |
| Third DWI or DWAI-Drug violation in 10 years (D felony) | $2,000 - $10,000 | 7 years | Revoked for at least one year |
| Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination) | $500 - $1,000 | 1 year | Revoked for at least six months |
| Second DWAI-Combination in 10 years (E felony) | $1,000 - $5,000 | 4 years | Revoked for at least one year |
| Third DWAI-Combination in 10 years (D felony) | $2,000 - $10,000 | 7 years | Revoked for at least one year |
| Driving While Ability Impaired by Alcohol (DWAI) | $300 - $500 | 15 days | Suspended for 90 days |
| Second DWAI violation in 5 years | $500 - $750 | 30 days | Revoked for at least six months |
| Third or subsequent DWAI within 10 years (Misdemeanor) | $750 - $1,500 | 180 days | Revoked for at least six months |
| Zero Tolerance Law | $125 civil penalty and $100 fee to terminate suspension | None | Suspended for six months |
| Second Zero Tolerance Law | $125 civil penalty and $100 re-application fee | None | Revoked for one year or until age 21 |
| Chemical Test Refusal | $500 civil penalty ($550 for commercial drivers) | None | Revoked for at least one year, 18 months for commercial drivers. |
| Chemical Test Refusal within five years of a previous DWI-related charge/Chemical Test Refusal | $750 civil penalty | None | Revoked for at least 18 months, one-year or until age 21 for drivers under age 21, permanent CDL revocation for commercial drivers. |
| Chemical Test Refusal - Zero Tolerance Law |
$300 civil penalty and $100 re-application fee | None | Revoked for at least one year. |
| Chemical Test Refusal - Second or subsequent Zero Tolerance Law |
$750 civil penalty and $100 re-application fee | None | Revoked for at least one year. |
| Driving Under the Influence (Out-of-State) | N/A | N/A | Revoked for at least 90 days. If less than 21 years of age, revoked at least one year. |
| Driving Under the Influence (Out-of State) with any previous alcohol-drug violation | N/A | N/A | Revoked for at least 90 days (longer term with certain prior offenses). If less than 21 years of age, revoked at least one year or until age 21 (longest term). |
Additional Penalties
A mandatory surcharge, crime victim assistance fee, additional surcharge, and an alcohol fee are added to alcohol-related misdemeanors ($395.00) and felonies ($520.00). Add $5.00 if a conviction occurs in a town or village justice court.
Three or more alcohol or drug-related convictions or refusals within 10 years can result in permanent revocation, with a waiver request permitted after at least 5 years. A driver with an Aggravated DWI violation conviction within the prior 10 years will receive a minimum 18-month revocation if convicted of DWI, DWAI/Drugs, or DWAI/Combination. A driver with a prior DWI, Aggravated DWI, DWAI/Drugs or DWAI/Combination with the prior 10 years will receive a minimum 18-month revocation A driver convicted of an Aggravated DWI, DWI, DWAI/Drug, DWAI/combination, vehicular assault, and aggravated vehicular assault, or vehicular manslaughter and vehicular homicide three or more times in the preceding 15 year period is guilty of a Class D felony.
Greater penalties can also apply for multiple alcohol or drug violations within 25 years.
For more information, see You and the Drinking Driving Laws (PDF).