Driving While Intoxicated (DWI)
Driving While Intoxicated (DWI) is a crime. In NYS, the penalties include the loss of driving privileges, fines, and a possible jail term.
Your judgment, coordination and ability to drive a vehicle change when you consume any amount of alcohol. The level of impairment depends on five conditions:
1. the amount of alcohol you drink,
2. the amount of food you eat before or while you drink alcohol,
3. the length of time you drink alcohol,
4. your body weight, and
5. your gender.
There is no quick method to become sober. The best method is to wait until your body absorbs the alcohol. The average rate that your body processes alcohol is approximately one drink per hour.
What are the alcohol and drug-related violations in New York State?
BAC = blood alcohol concentration
- DWI:Driving While Intoxicated; .10 BAC or higher or other evidence of intoxication.
- DWAI:Driving While Ability Impaired (by alcohol); .05 BAC to .10 BAC, or other evidence of impairment.
- DWAI / Drugs: Driving While Ability Impaired (by a drug that is not alcohol).
- Chemical Test Refusal: A driver who refuses to take a chemical test (normally a test of breath, blood or urine) can receive a driver license revocation and must pay a $300 civil penalty ($350 for a driver of commercial vehicles) to apply for a new driver license. A driver who refuses a chemical test during the five years after a DWI-related charge will have their driver license revoked for one year and must pay a $750 civil penalty to apply for a new driver license.
- Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law.
The penalties for Alcohol-related or Drug-related Violations?
| Violation | Mandatory Fine (1) | Maximum Jail Term |
Mandatory Driver License Action (2) |
| Driving While Intoxicated (DWI) | $500 - $1,000 | 1 year | Revoked for at least six months |
| Second DWI violation in 10 years (E felony) | $1,000 - $5,000 | 4 years | Revoked for at least one year |
| Third DWI violation in 10 years (D felony) | $2,000 - $10,000 | 7 years | Revoked for at least one year |
| Driving While Ability Impaired (DWAI) | $300 - $500 | 15 days | Suspended for 90 days |
| Second DWAI violation in 5 years | $500 - $750 | 30 days | Revoked for at least six months |
| Zero Tolerance Law | $125 civil penalty and $100 fee to terminate suspension | None | Suspended for six months |
| Second Zero Tolerance Law | $125 civil penalty and $100 re-application fee | None | Revoked for one year or until age 21 |
| Chemical Test Refusal | $300 civil penalty ($350 for commercial drivers) | None | Revoked for at least six months. |
| Chemical Test Refusal within five years of a previous DWI-related charge |
$750 civil penalty | None | Revoked for at least one year. |
| Chemical Test Refusal - Zero Tolerance Law |
$300 civil penalty and $50 re-application fee | None | Revoked for at least one year. |
| Chemical Test Refusal - Second or subsequent Zero Tolerance Law |
$750 civil penalty and $50 re-application fee | None | Revoked for at least one year. |
| Driving Under the Influence - | N/A | Revoked at least 90 days. If less than 21 years of age, revoked at least one year. | |
| Driving Under the Influence - (Out-of State) with any previous alcohol-drug violation |
N/A | N/A | Revoked at least 90 days. If less than 21 years of age, revoked at least one year or until age 21 (longest term). |
1. Surcharges are added to misdemeanors ($110) and felonies ($200).
2. The driver license penalties for drivers under the age of 21 and for professional drivers are different.