US-New York

What are the penalties for drunk driving (DWI) in New York?

≥0.08%
Legal BAC limit
6 months
Min. license revocation
$500–$1,000
First-offense fine
1 year
Max jail (1st offense)
The Short Answer

In New York, DWI penalties depend on BAC level, prior offenses, and circumstances—but first-time offenders with BAC ≥0.08% face up to 1 year in jail, fines of $500–$1,000, and license revocation for at least 6 months.

What the Law Says

New York’s Vehicle and Traffic Law (VTL) defines DWI and sets mandatory penalties based on blood alcohol concentration (BAC), prior convictions within the past 10 years, and aggravating factors like injury or high BAC.

A first conviction for DWI (BAC ≥0.08%) is a misdemeanor punishable by up to one year in jail, a fine between $500 and $1,000, and mandatory license revocation for at least six months. The court must also order participation in the Impaired Driver Program (IDP).

For aggravated DWI (BAC ≥0.18%), penalties increase: fine of $1,000–$2,500, up to one year in jail, and license revocation for at least one year. A second DWI within 10 years is a felony with minimum 5 days in jail (or 30 days community service), $1,000–$5,000 fine, and minimum 1-year license revocation.

All DWI convictions trigger mandatory ignition interlock device (IID) installation for at least 12 months after license reinstatement, per VTL § 1198(4)(a).

Statutory Text

A person is guilty of driving while intoxicated … when he or she operates a motor vehicle … while having a blood alcohol concentration of .08 of one percent or more by weight of alcohol in the blood.

— Vehicle and Traffic Law § 1192(2) — Driving while intoxicated
Statutory Text

Upon conviction of a first violation … the court shall sentence such person to a term of imprisonment … not to exceed one year … and shall impose a fine of not less than five hundred dollars nor more than one thousand dollars.

— Vehicle and Traffic Law § 1193(1)(a)(i) — Penalties for first offense
Statutory Text

The commissioner shall revoke the license … of any person convicted of a violation of section 1192 … for a period of not less than six months.

— Vehicle and Traffic Law § 1193(2)(a)(i) — License revocation

What to Do

1

Immediately retain a criminal defense attorney experienced in NY DWI cases.

2

Request a DMV hearing within 15 days of arrest to challenge administrative license suspension.

3

Complete the court-ordered Impaired Driver Program (IDP) before license reinstatement.

4

Install an ignition interlock device (IID) as required—failure may extend revocation.

5

Avoid driving during any period of license suspension or revocation to prevent additional charges.

Sources

statuteVehicle and Traffic Law § 1192(2) — Driving while intoxicatedstatuteVehicle and Traffic Law § 1193(1)(a)(i) — Penalties for first offensestatuteVehicle and Traffic Law § 1193(2)(a)(i) — License revocationstatuteVehicle and Traffic Law § 1198(4)(a) — Ignition interlock requirement

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.