DWI/DUI and other alcohol-related offenses are some of the most serious traffic crimes that a driver can be charged with.
Understanding the complications of DWI/DUI law can be very tough. Oftentimes, many drivers have no idea that there is a difference between a DUI and A DWI. They also don’t understand the various serious penalties a driver can get if they are found guilty of driving drunk in New York
If you are convicted of a DWI/DUI crime in any other state including, New York, the state can have your license suspended for at a minimum of 90 days on top of any fines and penalties that apply to the state in question.
Read the information below to have a better understanding of DUI/DWI’s and the circumstances around them.
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DWI/DUI Conviction Penalties in New York
Jail Time
If convicted of DWI in New York, you can face up to one year in jail. If you get a second conviction within 10 years, the jail time increases to four years. If you get a third DWI within 10 years, that can land you seven years in prison.
Suspension or revocation
In New York state, the DMV can revoke or suspend the license of any NY driver who has been convicted of a DWI for up to 1 year. If your license is revoked (the worse of the two), you must reapply for a new license once the revocation period ends — this includes the road test as well as the exam.
Fines
If convicted of DWI in NY, you can be fined up to $2,500, dependent on your BAC (blood alcohol content). A second conviction with 10 years is a fine of up to $5,000. If you get a third conviction with 10 years, up to $10,000
Besides being fined for a DWI conviction, there is also a mandatory state surcharge of $260 – $400
DWI – 1st Offense
| BAC | Fine | Surcharge | Jail Time | Suspension/Revocation |
|---|---|---|---|---|
| 0.02 to 0.07 | $300 to $500 | $260 to $400 | Up to 15 days | Suspension for 90 days |
| 0.08 to 0.17 | $500 to $1,000 | $260 to $400 | Up to 1 year | Revocation for 6 months |
| 0.18 or more | $1,000 to $2,500 | $260 to $400 | Up to 1 year | Revocation for 1 year |
DWI – 2nd Offense
| BAC | Fine | Surcharge | Jail Time | Suspension/Revocation |
|---|---|---|---|---|
| 0.02 to 0.07 | $500 to $750 | $260 to $400 | Up to 30 days | Revocation for 6 months |
| 0.08 to 0.17 | $1,000 to $5,000 | $260 to $400 | Up to 4 years | Revocation for 1 year |
| 0.18 or more | $1,000 to $5,000 | $260 to $400 | Up to 4 years | Revocation for 18 months |
DWI – 3rd Offense
| BAC | Fine | Surcharge | Jail Time | Suspension/Revocation |
|---|---|---|---|---|
| 0.02 to 0.07 | $750 to $1,500 | $260 to $400 | Up to 180 days | Revocation for 6 months |
| 0.08 to 0.17 | $2,000 to $10,000 | $260 to $400 | Up to 7 years | Revocation for 1 year |
| 0.18 or more | $2,000 to $10,000 | $260 to $400 | Up to 7 years | Revocation for 18 months |
DWI Conseuqences
Increase In Auto Insurance
Getting convicted of DWI in MY is no laughing matter. NY car insurance providers take DWI convictions very seriously. Most times, your premium rates will increase drastically. This increased rate could last for 10+ years. In some situations, you may even have your insurance provider refuse to cover you.
Criminal Record
Getting a DWI is more than a simple traffic ticket. It carries a criminal offense which means if convicted, could land on your permanent record. Having a mark on your criminal record may have repercussions on other parts of your life — this could include anything from employment problems to housing troubles.
Other Penalties
In some situations, if convicted of DWI, the judge may require you to have a device installed in your car to insure you are not driving drunk as well as attend a victims impact program.