US-New York

What is an aggravated DWI in New York?

0.18% BAC
Minimum BAC for aggravated DWI
4 years
Max prison time (1st offense)
$10,000
Max fine
18 months
Min license revocation
The Short Answer

An aggravated DWI in New York is a felony charge for driving with a BAC of 0.18% or higher, or for DWI with a child under 15 in the vehicle, carrying harsher penalties than standard DWI.

What the Law Says

New York law defines aggravated DWI as a more serious form of driving while intoxicated, triggering enhanced penalties due to higher blood alcohol content or endangering a child passenger.

Aggravated DWI is defined in two main ways under New York Vehicle and Traffic Law (VTL). First, it applies when a driver operates a vehicle with a blood alcohol concentration (BAC) of 0.18% or higher — more than twice the standard legal limit of 0.08%. Second, it applies when a person commits DWI while a child under age 15 is in the vehicle, regardless of BAC level.

This offense is classified as a Class E felony for a first conviction — a significant escalation from misdemeanor DWI charges. Convictions carry mandatory minimum sentences, including jail time, steep fines, and lengthy license revocations.

Statutory Text

A person is guilty of aggravated driving while intoxicated ... when such person operates a motor vehicle ... while such person has a blood alcohol concentration of 0.18 of one percent or more by weight of alcohol in such person's blood.

— Vehicle and Traffic Law § 1192(2-a)(a) — Aggravated driving while intoxicated
Statutory Text

A person is guilty of aggravated driving while intoxicated ... when such person operates a motor vehicle ... while such person has a child under the age of fifteen years as a passenger in such vehicle and such person is in violation of subdivision one, two or three of this section.

— Vehicle and Traffic Law § 1192(2-a)(b) — Aggravated driving while intoxicated

Sources

statuteVehicle and Traffic Law § 1192(2-a)(a) — Aggravated driving while intoxicatedstatuteVehicle and Traffic Law § 1192(2-a)(b) — Aggravated driving while intoxicated

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.