What are the DWI laws and penalties in New York?
What happens after a DWI arrest in New YorkAs of October 20, 2026
- Arrest and chargeChemical test, notice of license action, first court date set.
- First court dateThe court suspends your license at arraignment; DMV holds any refusal hearing within 15 days.
- Court casePlea or trial, then sentencing: fine, program, probation or jail.
- License backSuspension served, interlock if ordered, reinstatement fee paid.
A first DWI in New York (a BAC of 0.08 or more, or driving while intoxicated) is a misdemeanor; at 0.18 or more it is charged as Aggravated DWI, still a misdemeanor on a first offense. It becomes a class E felony on a second conviction within 10 years, or on a first offense if a child aged 15 or under was in the car.
What are the penalties for a first-offense DWI in New York?
A first DWI in New York is a misdemeanor: a $500 to $1,000 fine, up to 1 year in jail, a license revocation of at least 6 months and a mandatory ignition interlock.
| Penalty | First offense | Second offense (within 10 years) |
|---|---|---|
| Offense level | Misdemeanor | Class E felony |
| Jail | Up to 1 year, no minimum | Up to 4 years in state prison |
| Fine | $500 to $1,000 | $1,000 to $5,000 |
| License | Revoked at least 6 months | Revoked at least 1 year |
| Ignition interlock | Mandatory, at your expense | Mandatory, at your expense |
| Also | Probation or conditional discharge, $395 surcharge, $750 DMV assessment | Probation or conditional discharge, $520 surcharge, $750 DMV assessment |
At a BAC of 0.18 or more the charge is Aggravated DWI. On a first offense it stays a misdemeanor with the same 1-year jail exposure, but the fine rises to $1,000 to $2,500 and the revocation to at least 1 year. Every DWI or Aggravated DWI conviction under VTL § 1193 also brings a mandatory ignition interlock on any vehicle you own or operate, paid for by you unless the court finds you cannot afford it.
Many first DWI cases are reduced to DWAI (driving while ability impaired), which is a traffic infraction rather than a crime: a $300 to $500 fine, up to 15 days in jail and a 90-day license suspension.
Source: VTL § 1193(1)(a), (1)(b)(i)-(ii), (2)(a)(1), (2)(b)(2), (2)(c)(1); § 1199; DMV penalty table — nor more than one thousand dollars, or by imprisonment in a penitentiary or county jail for not more than one year
Do you go to jail for a first DWI in New York?
You can be sentenced to up to 1 year in a county jail for a first DWI, but there is no mandatory minimum.
VTL § 1193 sets a ceiling of 1 year in a penitentiary or county jail and no floor. Whatever jail time the judge imposes, the sentence must also include probation or a conditional discharge.
Source: VTL § 1193(1)(a), (1)(b)(i)-(ii), (2)(a)(1), (2)(b)(2), (2)(c)(1); § 1199; DMV penalty table
How long is your license suspended for a DWI in New York?
After a first DWI conviction the court revokes your license for at least 6 months, and that comes on top of the suspension imposed at arraignment while the case was pending.
The revocation under VTL § 1193(2)(b) is a minimum, not a fixed term: whether and when the DMV issues a new license afterwards is in the commissioner's discretion under its relicensing rules (15 NYCRR 136). The suspension you got at arraignment is a separate, pre-conviction measure.
First offenders can enroll in the DMV Impaired Driver Program (7 weekly sessions, 16 hours in total) to obtain a conditional license. That route is closed if the court itself mandated the program, or if another alcohol or drug conviction or an earlier program completion falls within the past 5 years.
Source: VTL § 1193(1)(a), (1)(b)(i)-(ii), (2)(a)(1), (2)(b)(2), (2)(c)(1); § 1199; DMV penalty table
Source: VTL § 1193(2)(e)(7)(a), (b), (d), (e); § 1194(2)(b)(3), (2)(c)
What happens to your license at the arraignment after a DWI arrest in New York?
There is nothing to file and no 10-day clock. With a BAC of 0.08 or more, the court suspends your license at arraignment until the case ends; after a refusal, the DMV must hold its hearing within 15 days.
The suspension pending prosecution under VTL § 1193(2)(e)(7) is mandatory for anyone charged with a BAC of 0.08 or more, but you can ask the judge for a hardship privilege that allows driving only to and from work, school or medical care. Later in the case you can apply to the DMV for a pre-conviction conditional license under VTL § 1196.
After a refusal, the court's suspension at arraignment is temporary and runs until the DMV refusal hearing. If the DMV does not hold that hearing within 15 days of the arraignment, your license is reinstated until it does. Appear with your lawyer: that hearing is the only place to fight the refusal revocation.
Source: VTL § 1193(2)(e)(7)(a), (b), (d), (e); § 1194(2)(b)(3), (2)(c)
What happens if you refuse a breathalyzer in New York?
Refusing the chemical test after a DWI arrest means a license revocation of at least 1 year and a $500 civil penalty, imposed by the DMV even if the DWI charge is later dismissed or reduced.
Under New York's implied-consent law (VTL § 1194) the refusal is a separate DMV matter that runs independently of the criminal case. The officer files a refusal report, and if the DMV sustains it at the hearing, the revocation and the civil penalty stand no matter how the DWI charge ends. Refusing is not a crime in itself, but the refusal is admissible as evidence at your DWI trial if you were warned in clear language and still refused.
With a prior refusal or an alcohol or drug conviction within the preceding 5 years, the revocation is at least 18 months and the penalty $750. Commercial drivers face at least 18 months (3 years when hauling hazardous materials, permanent for a repeat) and a $550 penalty. Refusers are generally not eligible for the hardship privilege or the pre-conviction conditional license while the case is pending.
Source: VTL § 1194(2)(b)(3), (2)(c), (2)(d)(1)(a), (2)(d)(2), (2)(f) — shall not be restored for at least one year after such revocation
What is the penalty for a second DWI in New York?
A second DWI within 10 years is a class E felony: a $1,000 to $5,000 fine, up to 4 years in state prison and a license revocation of at least 1 year.
The 10-year window counts prior convictions for DWI, Aggravated DWI or DWAI/drugs under VTL § 1192(2), (3), (4) or (4-a); a plain DWAI does not count toward the felony. If the new offense is Aggravated DWI (0.18 or more), the revocation is at least 18 months. A felony conviction carries a $520 surcharge, the ignition interlock is again mandatory, and the 3-year Driver Responsibility Assessment starts over.
If your first case ended as a DWAI, a second DWAI within 5 years is still a traffic infraction ($500 to $750, up to 30 days, license revoked for at least 6 months); only a third DWAI within 10 years becomes a misdemeanor ($750 to $1,500, up to 180 days).
Source: VTL § 1193(1)(c)(i), (1)(c)(ii), (1)(a), (2)(b)(3); DMV penalty table — shall be guilty of a class E felony, and shall be punished by a fine of not less than one thousand dollars
Source: VTL § 1193(1)(c)(i)-(ii-a); 15 NYCRR § 136.5(a)(3), (b)(1)-(4)
Is a DWI a felony in New York?
Not on a first offense: a first DWI is a misdemeanor. It is a class E felony with a prior conviction within 10 years or, under Leandra's Law, if a child aged 15 or under was in the car, even the first time.
Leandra's Law (VTL § 1192(2-a)(b)) makes driving while intoxicated or impaired by drugs with a passenger aged 15 or younger a class E felony on its own, punished like a second offense. A third DWI within 10 years, or three or more priors within 15 years, is a class D felony with a $2,000 to $10,000 fine, up to 7 years in prison and a revocation of at least 1 year (18 months for Aggravated DWI). Crashes that injure or kill someone are charged under separate Penal Law vehicular assault and manslaughter sections.
How long does a DWI stay on your record in New York?
A DWI conviction shows on your DMV driving record for 15 years, and as a misdemeanor it stays on your criminal record until it is sealed, which the Clean Slate Act does automatically after 3 years.
The DMV's lifetime record keeps everything, and when it decides whether to relicense you after a revocation it looks back 25 years under 15 NYCRR 136.5: three alcohol or drug-related convictions or incidents within 25 years plus one serious driving offense means the application is denied; three within 25 years without one means a denial of at least 5 years (2 years if you are not currently revoked), followed by a restricted license with an ignition interlock; four or more in a lifetime means denial. The DMV also warns that three or more convictions or refusals within 10 years can result in permanent revocation. For offenses committed on or after February 16, 2026, a DWI adds 11 points to your record. A DWAI shows for 10 years.
New York has no expungement, only sealing. Under the Clean Slate Act (CPL § 160.57) a misdemeanor DWI is sealed automatically once at least 3 years have passed since sentencing or release from jail (8 years for a felony DWI), provided no criminal charge is pending, you are not on probation or parole for it and there is no later conviction. Sealing does not touch DMV records, and police and federally mandated background checks keep access. DWAI is a traffic infraction and an under-21 zero-tolerance finding is not a criminal conviction, so neither creates a criminal record.
How much does a DWI lawyer cost in New York?
Published fee pages put a first-offense New York DWI defense at roughly $2,000 to $7,000 as a flat fee. Those are reported ranges, not a quote, with a New York City firm quoting up to $10,000.
The Blanch Law Firm in New York City lists flat fees from $2,500 to $10,000 with a typical middle ground around $5,000 and hourly rates of $400 to $600; a national guide puts simple first offenses at the low end of $2,000 to $5,000. What drives the fee: New York City versus upstate, whether the case ends in a DWAI plea or goes to hearings and trial, a separate DMV refusal hearing, Aggravated DWI or Leandra's Law charges, and whether the lawyer handles the conditional-license steps.
The lawyer is only part of the bill. Add the $500 to $1,000 fine, the $395 mandatory surcharge (plus $5 in a town or village court), the Driver Responsibility Assessment of $250 a year for 3 years ($750), the $500 DMV civil penalty if you refused the test, the Impaired Driver Program ($75 DMV enrollment fee plus up to $233 program fee), a $75 conditional license and $25 to $50 for reinstatement, and the ignition interlock at roughly $70 to $100 a month plus installation, about $1,200 for 12 months. New York does not use an SR-22 (proof of insurance is the FS-20), but insurers raise premiums about 50% after a DWI, roughly $708 a year more.
Fee range: Bridge Legal, The Blanch Law Firm, AI Lawyer — reported figures, not a quote.
New York statutes and official sources
- Offense: N.Y. Vehicle & Traffic Law (VTL) § 1192 (DWAI, per se .08, Aggravated DWI .18 / child passenger, DWI, drugs, commercial .04)
- Penalties: VTL § 1193 (fines, jail, felony grades, court-ordered suspension/revocation, suspension pending prosecution)
- Implied consent / refusal: VTL § 1194(2) (chemical tests, refusal report, DMV refusal hearing, revocation, civil penalty)
- Prior offenses / lookback (DMV relicensing, 25 years): 15 NYCRR § 136.5 (amended eff. Nov 6, 2024)
- Ignition interlock: VTL § 1198; § 1193(1)(b)(ii)
- Driver responsibility assessment: VTL § 1199
- Zero tolerance (under 21): VTL § 1192-a
- Automatic sealing (Clean Slate Act): N.Y. Criminal Procedure Law § 160.57
- New York DMV - Penalties for alcohol or drug-related violations
- New York DMV - About the Impaired Driver Program (conditional license)
- New York DMV - Driving record abstracts (how long DWI shows)
- NY DMV memo P2/M1 (Jan 30, 2026) - new point values effective Feb 16, 2026
About This Information
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology. Reviewed by Leonard Goldberg, Editor · Last updated - $236 billion in real payouts analyzed · See what we found
More DUI guides and calculators
Not about New York: the national DUI pages and every other state we cover.
DUI guides
DUI laws by state
First-offense penalties, license suspension, refusal, record and lawyer cost — with the statute cited.