How New York defines “DWI” and “DWAI” and the consequences of a conviction.
New York's drunk driving laws are among the most complex in the nation. While most states have two types of DUIs ("per se" and impairment), New York has five general categories of impaired driving offenses:
- DWI (Driving while intoxicated): Operation vehicle with a blood alcohol concentration (BAC) of .08% or more (.04% or more for commercial drivers) or impaired to a "substantial extent."
- Alcohol-DWAI (driving while ability impaired): Operating a vehicle while your ability to drive as a "reasonable and prudent" person has been impaired to "any extent" by alcohol.
- Drug-DWAI: In New York, a "drug-DWAI" is defined as operating a vehicle while your ability to drive as a "reasonable and prudent" person has been impaired to "any extent" by drugs.
- Combination-DWAI: Motorists who operate a vehicle while their ability to drive as a "reasonable and prudent" person has been impaired to "any extent" by a combination of alcohol and drugs can be convicted of a "combination-DWAI."
- Aggravated DWI: New York defines "aggravated DWI" as operating a vehicle with a BAC of .18% or higher or driving intoxicated with a passenger who's 15 years old or younger.
The penalties for a conviction depend on the classification of the offense and the number or prior convictions the driver has within a certain period of time.
How Long Will a DWI or DWAI Stay on Your Record?
Many states have a set "look-back" or "wash-out" period (such as seven or ten years) that applies for all purposes. Impaired driving convictions that occurred within the look-back period generally count as prior convictions, while convictions that occurred before the look-back period don't. However, New York applies several different look-back periods—four, five, ten, and 25 years--depending on the circumstances.
DWI and DWAI Conviction Penalties
The consequences of a DWI or DWAI conviction depend on a number of factors, including the classification of the offense and the number of prior convictions the driver has.
Alcohol-DWAI Convictions
Alcohol-DWAIs are infractions for first and second convictions (within five years) and misdemeanors for third convictions (within ten years).
|
First Conviction |
Second Conviction |
Third Conviction |
|
|
Jail Time |
15-day maximum |
30-day maximum |
180-day maximum |
|
Fines |
$300 to $500 |
$500 to $750 |
$750 to $1,500 |
|
License Suspension |
90-day revocation |
6-month revocation |
6-month revocation |
DWI, Drug-DWAI, and Combination-DWAI Convictions
DWIs, drug-DWAIs, and combination-DWAIs are misdemeanors for first offenses and felonies for second and third convictions within ten years.
|
First Conviction |
Second Conviction |
Third Conviction |
|
|
Jail Time |
1-year maximum |
1 to 4 years (5-day minimum if prior conviction within 5 years) |
1 to 7 years (10-day minimum if prior convictions were within 5 years) |
|
Fines |
$500 to $1,000 |
$1,000 to $5,000 |
$2,000 to $10,000 |
|
License Suspension |
6-month revocation |
1-year revocation (if prior was within a 10-year period) |
Permanent revocation (if priors were within a 4-year period) |
Talk to an Attorney
As noted above, New York's impaired driving laws are complicated and we can't possibly cover all the details here. So, if you're arrested for driving under the influence, get in touch with a local DWI attorney. A knowledgeable DWI lawyer can help you understand which law applies to your case and what you're up against.
