Being arrested for a DUI or DWI charge in New York can be one of the most stressful moments of your life. If this is your first DUI in New York, you are likely overwhelmed, scared about the penalties, and unsure of what to do next.
New York DUI laws are some of the strictest in the country, and a DUI conviction can affect your freedom, your license, and your future.
Hiring an experienced New York DUI lawyer is one of the most important steps you can take after your arrest. A skilled attorney can not only protect your record but also guide you through the complicated court process, help you understand your rights, and build the strongest possible defense against your charges.
If you’re facing a drunk driving charge in New York, call 1-888-839-4384 or use our online contact form for a free consultation with a top-rated New York DUI lawyer today!
Understanding DWI and DWAI Charges in New York
New York uses two main legal categories for alcohol-related driving offenses:
- DWI (Driving While Intoxicated)
- DWAI (Driving While Ability Impaired)
While both are serious, they differ in severity and the penalties that follow.
DWI in New York
Driving with a blood alcohol concentration (BAC) of 0.08% or higher (0.04% for commercial drivers). A DWI also applies if you are impaired by drugs or a combination of drugs and alcohol.
DWAI in New York
Driving with noticeable impairment but a BAC below 0.08%. This can include DWAI-Alcohol, DWAI-Drug, or DWAI-Combination.
If you’ve been arrested for your first DUI in New York, understanding whether you are facing a DWI or DWAI charge is critical, since it affects both the penalties you might face and your defense options.
Arrest Rates for DWI and DWAI in New York
According to the New York State Department of Motor Vehicles, there were 33,883 DWI arrests in 2019, down from 35,731 in 2018. DWAI arrests, while less common, are still frequent, with 7,324 reported in 2020. The majority of these arrests occur in New York City, Nassau County, and Suffolk County, but upstate counties also report thousands of cases each year.
These numbers highlight just how aggressively law enforcement pursues drunk driving cases in New York. If you are facing a first DUI in New York, you are not alone; but you must act quickly to protect yourself.
Talk To A Top-Rated New York DWI Attorney Near You
If you’ve been arrested for a DWI in New York, talk to one of our experienced DWI attorneys in your city.
Penalties for a First DUI in New York
The consequences for a DUI or DWI conviction in New York vary based on your charge, prior record, and BAC level at the time of arrest. For a first offense, the penalties can be life-altering:
DWAI Penalties (First Offense)
- Fines up to $500
- 90-day driver’s license suspension
- Up to 15 days in jail
- Possible mandatory alcohol/drug treatment program
DWI Penalties (First Offense)
- Fines up to $1,000
- License revocation for at least 6 months
- Up to 1 year in jail
- Mandatory alcohol screening and possible treatment program
Aggravated DWI (BAC .18% or higher)
- Higher fines (up to $2,500)
- License revocation for at least 1 year
- Up to 1 year in jail
Ignition Interlock Device (IID)
New York requires many first-time DWI offenders to install an ignition interlock device, even after serving their suspension. This device prevents a vehicle from starting unless the driver passes a breath test. The cost of installation and monthly maintenance falls on you, which can add hundreds of dollars to your expenses.
DWI / DWAI Penalties Chart
New York DWAI penalties are codified under the New York Vehicle & Traffic Code (VAT) Section 1192.
| Offense (First Offense) | BAC / Impairment Threshold | Classification | Mandatory Fine | Max Jail Time | License Action | IID Required? | Key Notes for a First DUI in New York |
|---|---|---|---|---|---|---|---|
| DWAI-Alcohol (VTL §1192(1)) | More than .05 to < .07, or other evidence of impairment | Traffic infraction | $300 – $500 | Up to 15 days | 90-day suspension | No | Lower tier offense; still triggers DMV Driver Responsibility Assessment ($250/yr × 3) and may require alcohol screening/education. |
| DWI – Per Se / Common-Law (VTL §1192(2),(3)) | .08+ BAC (or intoxication by evidence) | Misdemeanor | $500 – $1,000 | Up to 1 year | Revocation ≥ 6 months | Yes (typically 12 months) | Mandatory surcharge applies; most drivers pursue the DMV Impaired Driver Program (IDP) to access a conditional license. |
| Aggravated DWI (VTL §1192(2-a)(a)) | .18+ BAC | Misdemeanor (higher tier) | $1,000 – $2,500 | Up to 1 year | Revocation ≥ 1 year | Yes (typically 12 months) | Harsher revocation; courts commonly impose strict monitoring and treatment conditions. |
| DWAI-Drug (VTL §1192(4)) | Ability impaired by a drug (no BAC threshold) | Misdemeanor | $500 – $1,000 | Up to 1 year | Revocation ≥ 6 months | Generally no | Expect substance-use assessment and compliance; penalties mirror DWI for first offense. |
| DWAI – Combination (VTL §1192(4-a)) | Impairment from alcohol + drugs | Misdemeanor | $500 – $1,000 | Up to 1 year | Revocation ≥ 6 months | Generally no | Court-ordered treatment and monitoring are common; consequences escalate on any prior record. |
| Under-21 “Zero Tolerance” (VTL §1192-a) | .02 – .07 BAC | Administrative (non-criminal) | $125 civil penalty + $100 termination fee | None | 6-month suspension (1 year or until 21 on second) | No | Refusal or priors trigger longer loss of license; IDP may be required for relicensing. |
| Chemical Test Refusal (VTL §1194) | Refusal of breath/blood/urine test | Administrative (DMV) | $500 civil penalty ($550 CDL) | None | Revocation ≥ 1 year (18 months CDL) | No (but still triggers DRA) | Independent of the criminal case; you must request/attend a DMV refusal hearing quickly to contest it. |
Also expect: a mandatory surcharge on misdemeanor/felony alcohol-related convictions, plus the DMV Driver Responsibility Assessment of $250 per year for three years. Participation in the DMV Impaired Driver Program (IDP) is often required to obtain a conditional license and full relicensing.
A knowledgeable New York DWI lawyer can often fight to reduce or avoid some of these penalties, depending on the details of your case.
How a New York DUI Lawyer Can Defend Your DWI Case
A DUI arrest is not the same as a conviction. A skilled defense attorney can examine the evidence against you and look for weaknesses in the prosecution’s DWI case. Some strategies a New York DUI lawyer may use include:
- Challenging the stop: Was there reasonable suspicion for the police officer to pull you over? If not, your case could be dismissed.
- Reviewing the arrest process: Were your constitutional rights violated during the stop, arrest, or questioning?
- Challenging field sobriety tests: These tests are often subjective and can be influenced by fatigue, medical conditions, or poor instructions.
- Attacking BAC results: Breathalyzers and blood tests are not always accurate. Equipment can malfunction, and procedures can be mishandled.
- Negotiating for reduced charges: In some cases, your lawyer may negotiate for a DWAI plea instead of a DWI, which carries lighter penalties.
The earlier you bring in a DWI defense attorney, the stronger your defense will be.
Why Hiring a Lawyer is Critical After a First DUI in New York
Many people think their only option after a first DUI in New York is to plead guilty. That is simply not true. Courts take these cases seriously, but there are legal defenses available. With the right representation, you may be able to reduce your penalties, avoid a criminal conviction, or even have your charges dismissed.
A top-rated New York DUI lawyer understands the local courts, prosecutors, and judges. They know what defenses are most effective and how to challenge the evidence used against you. They can also represent you at your DMV hearing to fight for your driving privileges.
Taking the Next Step
If you or someone you care about has been charged with a first DUI in New York, the most important decision you can make is to contact an experienced DWI law firm immediately. The penalties are severe, the process is complex, and waiting too long can hurt your case.
Do not assume a conviction is guaranteed. With the help of a skilled New York DUI lawyer, you can fight for your rights and your future.
You can call 1-888-839-4384 at any time for a free consultation with a top-rated New York DUI defense attorney today!
More New York DWI Lawyer Resources
To learn more about DUI lawyers in New York or to find a New York DWI lawyer near you, read through some of our in-depth, localized articles below. We explore different parts of New York State and how to find the best NY DUI lawyer for you.
You can also use our online contact form to schedule a free consultation anytime.