New York DWI (DUI) and DWAI Information under VTL 1192:
New York State Law in the area of DWI and DWAI changes often. Each case must be discussed in detail to determine the potential penalties and other consequences. Accordingly, the information on this page is not to be construed as legal advice and is not to be relied upon without proper consultation of an attorney. See our disclaimer/terms of use for further details. As a qualified and experienced Westchester DWI Attorney and New York City DWI Lawyer, I will be happy to consult with you and advise you on which of the following sections applies to your specific case. Please also refer to our NY Criminal Defense Journal for articles concerning elements of the DWI defense case.
DRIVING WHILE ABILITY IMPAIRED - DWAI - VTL 1192(1)
A person may be charged with DWAI in New York State when the person’s Blood Alcohol Content (BAC) is between .05 and .07 or where a police officer determines by other evidence that the person is impaired.
1st Offense: Fines of $300-$500 plus surcharges, potential of 15 days jail, 90 day license suspension and potential registration suspension.
2nd Offense: Fines of $500-$750 plus surcharges, potential of up to 30 days in jail, 6 month license revocation, and potential registration revocation.
3rd Offense: Fines of $750-$1500 plus surcharges, potential of up to 180 days in jail, potential 3 years probation, 6 month license revocation, potential registration revocation. A 3rd or subsequent 1192(1) conviction is a misdemeanor.
DRIVING WHILE INTOXICATED - DWI - VTL 1192(2) and (3)
A person may be charged with DWI in New York State when the person’s BAC is .08 or higher or where a police officer determines that there is other evidence of intoxication.
1st Offense: Misdemeanor, Fines of $500-$1000 plus surcharges, potential of 1 year in jail, 3 years probation, 6 month minimum license revocation and potential registration suspension.
2nd Offense: Possible Class E Felony if within 10 years of 1st conviction, Fines of $1000-$5000 plus surcharges, potential of up to 4 years in jail, 5 years probation, 1 year minimum license revocation, and potential registration revocation.
3rd Offense: Possible Class D Felony, Fines of $2000-$10000 plus surcharges, potential of up to 7 years in jail, 5 years probation, 1 year minimum license revocation, potential registration revocation.
AGGRAVATED DRIVING WHILE INTOXICATED - VTL 1192(2a)
A person may be charged with Aggravated DWI in New York State when the person’s BAC is .18 or higher.
1st Offense: Misdemeanor, Fines of $1000-$1500 plus surcharges, potential of 1 year in jail, 3 years probation with installation of ignition interlock device, 1 year minimum license revocation and potential registration suspension.
2nd Offense: Possible Class E Felony if within 10 years of 1st conviction, Fines of $1000-$5000 plus surcharges, potential of up to 4 years in jail, five years probation, 18 month minimum license revocation, and potential registration revocation.
3rd Offense: Possible Class D Felony, Fines of $2000-$10000 plus surcharges, potential of up to 7 years in jail, potential 5 years probation, 18 month minimum license revocation, potential registration revocation.
New York State Law in the area of DWI and DWAI changes often. Each case must be discussed in detail to determine the potential penalties and other consequences. Accordingly, the information on this page is not to be construed as legal advice and is not to be relied upon without proper consultation of an attorney. See our disclaimer/terms of use for further details. As a qualified and experienced Westchester DWI Attorney and New York City DWI Lawyer, I will be happy to consult with you and advise you on which of the following sections applies to your specific case. Please also refer to our NY Criminal Defense Journal for articles concerning elements of the DWI defense case.
DRIVING WHILE ABILITY IMPAIRED - DWAI - VTL 1192(1)
A person may be charged with DWAI in New York State when the person’s Blood Alcohol Content (BAC) is between .05 and .07 or where a police officer determines by other evidence that the person is impaired.
1st Offense: Fines of $300-$500 plus surcharges, potential of 15 days jail, 90 day license suspension and potential registration suspension.
2nd Offense: Fines of $500-$750 plus surcharges, potential of up to 30 days in jail, 6 month license revocation, and potential registration revocation.
3rd Offense: Fines of $750-$1500 plus surcharges, potential of up to 180 days in jail, potential 3 years probation, 6 month license revocation, potential registration revocation. A 3rd or subsequent 1192(1) conviction is a misdemeanor.
DRIVING WHILE INTOXICATED - DWI - VTL 1192(2) and (3)
A person may be charged with DWI in New York State when the person’s BAC is .08 or higher or where a police officer determines that there is other evidence of intoxication.
1st Offense: Misdemeanor, Fines of $500-$1000 plus surcharges, potential of 1 year in jail, 3 years probation, 6 month minimum license revocation and potential registration suspension.
2nd Offense: Possible Class E Felony if within 10 years of 1st conviction, Fines of $1000-$5000 plus surcharges, potential of up to 4 years in jail, 5 years probation, 1 year minimum license revocation, and potential registration revocation.
3rd Offense: Possible Class D Felony, Fines of $2000-$10000 plus surcharges, potential of up to 7 years in jail, 5 years probation, 1 year minimum license revocation, potential registration revocation.
AGGRAVATED DRIVING WHILE INTOXICATED - VTL 1192(2a)
A person may be charged with Aggravated DWI in New York State when the person’s BAC is .18 or higher.
1st Offense: Misdemeanor, Fines of $1000-$1500 plus surcharges, potential of 1 year in jail, 3 years probation with installation of ignition interlock device, 1 year minimum license revocation and potential registration suspension.
2nd Offense: Possible Class E Felony if within 10 years of 1st conviction, Fines of $1000-$5000 plus surcharges, potential of up to 4 years in jail, five years probation, 18 month minimum license revocation, and potential registration revocation.
3rd Offense: Possible Class D Felony, Fines of $2000-$10000 plus surcharges, potential of up to 7 years in jail, potential 5 years probation, 18 month minimum license revocation, potential registration revocation.
To Contact Our Office
Right Now:
(800) 430-1046 (24 hours)
Law Offices of
John P. Pettinella & Associates
800 Westchester Ave, Suite 608
Rye Brook, NY 10573
(914) 713-0505
Flexible payment arrangements available. For our clients' convenience, all major credit cards are accepted.
▾
▾