• State Penal Code – NYS Article 31, Section 1192
• Open Container Laws – Yes
• Repeat Offender Laws – Yes
• Check Points – Yes
• Alcohol Exclusion Laws Limiting Treatment – None

There are four main factors that determine the severity of the penalties incurred:

1. The age of the driver
2. The substance impairing you. This may be drugs, or alcohol, or both
3. The category of your driver’s license (Restricted, CDL)
4. Whether you refused a chemical test

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in New York are:

1st Refusal

• 1 year license suspension

2nd Refusal

• 18 month license suspension

3rd Refusal

• 18 month license suspension

In New York the lookback period is 10 years
Any arrest for DUI/DWI within 10 years of your first offense results in higher penalties

• Drivers under 21 with a BAC of .02% or more will be charged with DUI/DWI
• A BAC of .08% and above will result in the same penalties as drivers 21 and over

• If your BAC is .02% or more, but not more than .07%, you will be charged with the traffic offense of “driving after having consumed alcohol.” You will then be provided with a notice to appear for a hearing before an administrative law judge of the Department of Motor Vehicles.

• If your BAC is more than .05% but not more than .07%, the police will have the option of charging you with “driving while ability is impaired by alcohol” (DWAI)

• If your BAC is more than .07% but less than .08% you will be charged with the offense of “driving while ability is impaired by alcohol” (DWAI), and for those with a BAC of .08% or more, the charge will be “driving while intoxicated” (DWI). If you are charged with either DWI or DWAI, you will be arrested and dealt with in criminal court.

1st Offense

• 6 month suspension of driver’s license

• $125 civil penalty

• $100 suspension termination fee

• Possible enrollment in the New York Drinking Driver Program

• Possible required Ignition Interlock Device

2nd Offense

• License Revoked for a minimum of one year, or until you turn 21 years of age.

• $125 civil penalty

• $100 suspension termination fee

• Possible enrollment in the New York Drinking Driver Program

• Possible required Ignition Interlock Device

1st Offense

• 90 day suspension of driver’s license

• fines ranging anywhere from $300 – $500

• $750 in fines paid over the course of 3 years for an annual assessment ($250 per assessment)

• Prison (15 day maximum sentence)

• Possible enrollment in the New York Drinking Driver Program

2nd Offense

• Revocation of your driver’s license for a 6 month period

• fines ranging anywhere from $500 – $750

• $750 in fines paid over the course of 3 years for an annual assessment ($250 per assessment)

• Prison (30 day maximum sentence)

• Possible enrollment in New York Drinking Driver Program

1st Offense

• 1 year license revocation

• fines ranging anywhere from $1000 – $2500

• $750 in fines paid over the course of 3 years for an annual assessment ($250 per assessment)

• Prison (1 year maximum sentence)

• Possible enrollment in the New York Drinking Driver Program

2nd Offense

• Revocation of your driver’s license for an 18 month period

• fines ranging anywhere from $1000 – $5000

• $750 in fines paid over the course of 3 years for an annual assessment ($250 per assessment)

• Prison (4 years maximum sentence)

• Possible enrollment in New York Drinking Driver Program

1st Offense

• Revocation of your driver’s license for a 6 month period

• fines ranging anywhere from $500 – $1000

• $750 in fines paid over the course of 3 years for an annual assessment ($250 per assessment)

• Prison (1 year maximum sentence)

• Possible enrollment in the New York Drinking Driver Program

2nd Offense

• Revocation of your driver’s license for a 1 year period

• fines ranging anywhere from $1000 – $5000

• $750 in fines paid over the course of 3 years for an annual assessment ($250 per assessment)

• Prison (4 year maximum sentence), a minimum prison sentence of 5 days or 30 days of community service is mandatory

• You will be charged with a Class E felony

• Possible enrollment in the New York Drinking Driver Program

1st Offense

• Revocation of your driver’s license for a 6 month period

• fines ranging anywhere from $500 – $1000

• $750 in fines paid over the course of 3 years for an annual assessment ($250 per assessment)

• Prison (1 year maximum sentence)

• Possible enrollment in the New York Drinking Driver Program

2nd Offense

• Revocation of your driver’s license for up to an 18 month period

• fines ranging anywhere from $1000 – $5000

• $750 in fines paid over the course of 3 years for an annual assessment ($250 per assessment)

• Prison (4 year maximum sentence)

• You will be charged with a Class E felony

• Possible enrollment in the New York Drinking Driver Program

• If you are convicted of an alcohol or drug related driving violation, your driver’s license will be either revoked or suspended. However, you may be eligible for a conditional license if you participate in New York State’s Drinking Driver Program, or an approved out-of-state program.
• Your “Order of Suspension or Revocation” from the Department of Motor Vehicles will indicate a nearby state or county motor vehicle office where you may enroll in the Drinking Driver Program and apply for a conditional license if applicable.
• Your license suspension/revocation officially begins at your hearing or sentencing in court, unless you are awarded “Continuation of Driving Privileges”. Your credit for serving the suspension/revocation begins on the effective date of the order. If you receive a “continuation”, your suspension/revocation will begin 20 days after sentencing.
• It is a criminal offense to drive a motor vehicle while your license is suspended/revoked.
• If you are convicted of driving while your license is suspended/revoked, you may be fined, and/or be sentenced to jail or probation or both. Police may also impound the vehicle you were driving when arrested.
• If you are placed on probation because of this conviction, you also must bring written permission from the sentencing court or probation officer before applying for a license.

• As noted in the above penalty sections, a conviction for DUI/DWI will result in an annual Driver Responsibility Assessment
• This is imposed once a year for three years and requires you to pay $250 per assessment
• Participating in the Drinking Driver Program has no effect on this assessment
• It must be completed and paid in full without exception.

• Those with a commercial driver’s license (CDL) are held to a stricter standard
• Accordingly, their BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe.
• Your CDL will be suspended for a minimum of 1 year should you be arrested for DUI/DWI, or should you refuse a chemical test. A $550 penalty will also be assessed in order to re-apply for your license
• A second offense will result in permanent revocation of your license

• The rules governing Wet Reckless for DUI/DWI/DWAI in New York State are unlike any other in the nation
• A charge of Aggravated DUI/DWI cannot be plea bargained to a lesser charge
• A DWI charge may be plea bargained down to a charge of DWAI but no further
• An initial charge of DWAI cannot be lowered via plea bargain
• DWAI is considered a violation as opposed to a criminal misdemeanor charge of DWI
• The judge has final say on whether a plea bargain can be allowed
• Police procedures and administrative factors also can play a role in a possible plea bargain
• Ultimately, the circumstances of your case will dictate the likelihood of a successful plea bargain

• This law was enacted after the death of 11 year old Leandra Rosado in 2009 as a result of drunken driving
• It calls for an automatic class E felony charge if any passengers 15 or under are in the vehicle with an intoxicated driver
• The charge remains a felony even if no reckless driving or accident occurs, however it is lowered to a class D felony
• A prison sentence is guaranteed and can be up to 4 years
• Fines can range from $1000-$5000
• Your drivers license will be automatically suspended prior to prosecution
• You will also be reported to the Statewide Register of Child Abuse and Maltreatment
• These penalties are applied regardless of arrest history or prior DUI/DWI convictions

• This law was finally enacted in 2016 and was introduced in 2007 after the boating death of Tiffany Heitkamp
• It closes a loophole in DUI/DWI law that categorized impaired driving and boating differently
• This loophole allowed offenders to receive more lenient sentences despite having multiple offenses on record
• Operating a vehicle impaired will now encompass a shared legal history and look-back period
• New York State currently has a 10 year look-back period for impaired driving
• A BWI (Boating While Intoxicated) requiring a 30 day sentence will look-back 5 years
• A BWAI (Boating While Ability Impaired) requiring a 180 day sentence will look-back 10 years
• As with any impaired driving offense committed during the look-back period, penalties will be substantially higher