Navigating New York State DWI & DUI Laws

What Qualifies as a DWI, DWAI, or Aggravated DUI? New York has several drinking-and-driving charges depending on your Blood Alcohol Content (BAC) and level of impairment: DWI (Driving While Intoxicated): BAC of 0.08% or higher, or other clear signs of intoxication DWAI (Driving While Ability Impaired): BAC between 0.05%–0.07%, or impaired by drugs Aggravated DWI: BAC of 0.18% or higher, a more severe misdemeanor Additionally, Zero Tolerance applies to under‑21 drivers caught with BAC levels even as low as 0.02% These categories help define the legal and financial penalties you may face.

Penalties You'll Encounter Penalties escalate quickly based on BAC level, offense history, and circumstances: First Offense DWI: Fine of $500–$1,000, up to 1 year jail, and minimum 6‑month license revocation (plus DUI surcharge) DWAI: Fine of $300–$500, up to 15 days jail, 90-day suspension, and a $250 Driver Responsibility Assessment for 3 years Aggravated DWI (BAC ≥ 0.18%) First offense fines of $1,000–$2,500, up to 1 year in jail, and 1-year license revocation . Repeat Offenses (within 10 years) Second DWI: Felony-level charge, fines of $1,000–$5,000, up to 4 years prison, license revoked for at least a year . Third offense: Felony, $2,000–$10,000 fine, up to 7 years in jail, at least 1-year revocation Additional penalties include surcharges of $260–$520, mandatory ignition interlock devices (IIDs) for at least 6 months, probation, alcohol education programs, and long-term insurance consequences .