Penalties for DWI/DWAI

A traffic infraction is punishable by a fine not less than $300 nor more than $500, and up to 15 days in county jail. There is a 90 day suspension of the person's driver's license, or NY state driving privileges for out-of-state residents, and a surcharge and fee at sentencing is presently set at $260. A conditional license is usually available. This does not establish a predicate for a felony in the event of a subsequent conviction.

• Driving while Intoxicated (1192-3)
• Driving with a BAC .08 or Higher (1192-2)
• Driving while ability Impaired by Drugs

All three are misdemeanors for the first offense, and as such establish a criminal record if convicted. The fine for the first offense for all sections are a minimum of $500, a maximum of $1000 and up to 1 year in the county jail. A minimum six month revocation of the motorist's drivers license of New York State: driving privileges for out of state motorists, and a surcharge presently set at $400. A conditional license is usually available for the first offense. This establishes the basis for any subsequent DWI arrests in 10 years to be prosecuted as a felony. It may be plead down to DWAI, depending on the BAC and local prosecutorial policy.

Aggravated DWI (1192-2a)

This is a misdemeanor for the first offense, and a criminal record is established. The minimum fine is $1000, with a maximum of $2500 for first offense; up to 1 year in jail and a surcharge of $400; license revocation of 1 year or driving privileges for out-of-state motorists. A conditional license is available for the first offense. This establishes the basis for any subsequent DWI arrests within 10 years to be prosecuted as a felony. NOTE: May not be plead down to DWAI, however may be plead down to 1192-2/3/4, according to local prosecutorial policy.

Download the PDF for "Penalties For Alcohol And Drug Related Violations".