New York DUI Laws (2024 Guide)

Like most states, New York prohibits impaired driving. However, DUI New York laws can be more complex than the rules in many states as the offense you are charged with—and the penalties you face—varies depending on many factors including whether you were impaired by alcohol, drugs or a combination of multiple types of substances.

Here are the potential crimes you could be charged with under New York DUI laws.

• Driving While Ability Impaired by Alcohol (DWAI/Alcohol): If your blood alcohol concentration (BAC) is more than .05 but less than .07, or if there is other evidence of impairment, you will be charged with this offense.
• Driving While Intoxicated (DWI): You will be charged with this offense if you have a BAC of .08 or higher or if you have a BAC of .04 or higher and are a commercial driver.
• Driving While Ability Impaired by a Single Drug other than Alcohol (DWAI/Drug): If you are impaired by another drug other than alcohol, you will be charged with this offense.
• Driving While Ability Impaired By a Combination of Drugs or Alcohol: If you have consumed multiple impairing substances, you will be charged with this offense.
• Aggravated Driving While Intoxicated (Aggravated DWI): If you have a BAC of .18 or higher, you will be charged with this offense.

Drivers under 21 who have a BAC of .02 to .07 will also be charged under New York’s zero tolerance laws.

A DUI arrest in New York triggers an administrative license suspension if your BAC is above the legal limit or if you refuse to take a chemical test. Test refusal results in an administrative suspension because of New York’s implied consent laws. Under these laws, drivers who go on the state’s roads implicitly give their consent to have their BAC tested if they are arrested on suspicion of DUI.

An administrative suspension is a civil penalty. Criminal penalties may also apply, but only after you are convicted of impaired driving—which would mean a prosecutor proved your guilt beyond a reasonable doubt in court or you admitted guilt in order to avoid going to trial.

In New York, you are subject to different penalties depending on the specifics of your offense. Repeat offenders face harsher penalties, as do individuals who are impaired by drugs rather than by alcohol alone. The tables below show the potential penalties that will be imposed if you are convicted.

Driving While Ability Impaired by Alcohol (DWAI)

Here are the consequences of a DWAI conviction.

Driving While Ability Impaired by Alcohol (DWAI) Offense	Fine	Maximum Period of Incarceration	Driver's License Revocation
First Offense	$300 – $500	15 days	Suspended for 90 days
Second Offense	$500 – $750	30 days	Revoked for minimum of 6 months
Third offense	$750 – $1,500	180 days	Revoked for minimum of six months

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Driving While Intoxicated (DWI) or Driving While Ability Impaired by a Drug (DWAI-Drug)

Here are the consequences of DWI or a DWAI offense when you were impaired by a drug rather than alcohol alone.

DWI or DWAI Offense Involving Drugs	Fine	Maximum Period of Incarceration	Driver's License Revocation
First Offense	$500 – $1,000	1 year	Revoked for minimum of six months
Second Offense	$1,000 – $5,000	4 years	Revoked for minimum of one year
Third Offense	$2,000 – $10,000	7 years	Revoked for minimum of one year

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Driving While Ability Impaired by a Combination of Alcohol or Drugs (DWAI-Combination)

Here are the consequences of driving while ability impaired by a combination of both alcohol and/or drugs.

Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination) Offense	Fine	Maximum Period of Incarceration	Driver's License Revocation
First Offense	$500 – $1,000	1 year	Revoked for minimum of six months
Second Offense	$1,000 – $5,000	4 years	Revoked for minimum of one year
Third Offense	$2,000 – $10,000	7 years	Revoked for minimum of one year

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Finally, here are the consequences of aggravated DWI.

Aggravated DWI Offense	Fine	Maximum Period of Incarceration	Driver's License Revocation
First	$1,000 – $2,500	1 year	Revoked for minimum of one year
Second	$1,000 – $5,000	4 years	Revoked for minimum of 18 months
Third	$2,000 – $10,000	7 years	Revoked for minimum of 18 months

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Usually, you cannot get charges dropped if you have been accused of violating New York DUI laws. However, you may be able to get the charges reduced if you negotiate a plea agreement. You may be eligible for a pre-trial diversion program, which enables you to avoid a criminal conviction by fulfilling specific requirements such as drug and alcohol counseling.

Getting charges dropped is more likely if evidence against you is suppressed. If you believe evidence was collected in violation of your Fourth Amendment right against unlawful search and seizure, you can argue to the court that it should not be admitted. If the judge rules in your favor and the prosecutor can’t introduce the evidence needed to prove your guilt, the charges could be dropped or the case dismissed.

You could also be acquitted in a criminal trial if you can introduce reasonable doubt about your guilt.

A New York DUI lawyer can help you understand the complicated DUI New York laws and can assist you in determining how best to respond to charges. It’s best to contact an attorney soon after your arrest as you have a limited time to appeal an administrative suspension and you will want to begin developing your legal strategy for responding to charges as soon as possible.