New York DWI Laws: Penalties, BAC Limit & License (2026)

In New York the main offense is called driving while intoxicated (DWI), and Vehicle and Traffic Law 1192 makes it unlawful to drive with a blood alcohol concentration (BAC) of 0.08 percent or more. A first DWI is a misdemeanor punishable by a $500 to $1,000 fine, up to one year in jail, and a driver license revoked for at least six months, according to the New York DMV.

This guide is part of our DUI Laws by State series.

What counts as a DWI in New York

New York's impaired-driving statute, Vehicle and Traffic Law 1192, creates a tiered set of offenses rather than a single charge. Subdivision 2 is the per se DWI: it is unlawful to drive with a BAC of 0.08 percent or more. Subdivision 3 is common-law DWI, driving in an intoxicated condition, which does not require a specific number. Subdivision 1 is the lesser offense of driving while ability impaired (DWAI) by alcohol, a traffic infraction rather than a crime. Subdivision 1 sets no number at all: it asks only whether the driver's ability to operate the vehicle was impaired by the consumption of alcohol. Vehicle and Traffic Law 1195(2) supplies the evidentiary scale, treating 0.05 percent or less as prima facie evidence of no impairment, more than 0.05 but under 0.07 percent as relevant evidence carrying no presumption, and 0.07 percent or more but under 0.08 percent as prima facie evidence that the driver was impaired. DWAI therefore reaches all the way up to the 0.08 percent DWI line, so the New York DMV chart entry of "More than .05 BAC but less than .07 BAC, or other evidence of impairment" is a rule of thumb rather than the outer edge of the offense. Subdivision 2-a is Aggravated DWI at 0.18 percent or more. Commercial drivers face a 0.04 percent limit, and drivers under 21 fall under the Zero Tolerance Law at 0.02 percent. The 0.08 figure is the federal benchmark adopted by every state except Utah, which sets its limit at 0.05 percent, as the National Highway Traffic Safety Administration reflects.

First-offense DWI penalties in New York (jail, fines, suspension)

A first DWI under Vehicle and Traffic Law 1192(2) or (3) is a misdemeanor. According to the New York DMV, a first DWI carries a fine of $500 to $1,000, a jail term of up to one year, and a license revocation of at least six months. A first Aggravated DWI at 0.18 percent or more raises the fine to $1,000 to $2,500 and the revocation to at least one year. The lesser DWAI infraction carries a $300 to $500 fine, up to 15 days in jail, and a 90-day suspension. On top of fines, anyone convicted of an alcohol or drug-related driving offense must pay a $750 driver responsibility assessment over three years, plus mandatory surcharges. The court typically allows the jail exposure to be served on probation or a conditional discharge for a first offense, with conditions that include the ignition interlock device discussed below.

Watch out: The DMV revocation and the criminal court case run on separate tracks. A refusal or a high BAC can trigger an immediate suspension at arraignment, and you can resolve the criminal charge yet still have to apply to the DMV to get your license back after the revocation period.

Ignition interlock requirements in New York

New York requires an ignition interlock device (IID) far more broadly than many states because of Leandra's Law. As the New York Division of Criminal Justice Services explains, the court must order every driver convicted of DWI or Aggravated DWI to install and maintain an interlock on any vehicle the driver owns or operates for at least 12 months, though the restriction can terminate early once the driver proves at least six months of compliance, unless the court ordered a longer period. The requirement applies to a first offense, not just repeat offenders. The device requires a breath sample before the engine starts and at random intervals while driving, and it logs every reading. The lesser DWAI infraction does not trigger the mandatory interlock. Leandra's Law also makes it a class E felony to drive while intoxicated with a child under 16 in the vehicle, even for a first offender.

License suspension and the administrative process in New York

New York runs an administrative license action alongside the criminal case. When a driver is arraigned on a DWI charge supported by a BAC of 0.08 percent or more, or refuses the chemical test, the court imposes a suspension pending prosecution, and a refusal triggers a separate DMV revocation hearing. On conviction, the New York DMV imposes the revocation: at least six months for DWI, at least one year for Aggravated DWI, and 90 days for DWAI. A driver with a prior DWI or Aggravated DWI conviction within 10 years faces a minimum 1-year revocation under Vehicle and Traffic Law 1193; that minimum rises to 18 months only when the current or a prior conviction was Aggravated DWI. After the revocation period, the driver must apply to the DMV for relicensing, which is discretionary, and may qualify for a conditional or restricted license tied to the Impaired Driver Program.

Repeat offenses and the New York look-back period

New York counts prior alcohol-related convictions within a 10-year look-back window, and the offense level climbs quickly inside that period. Under Vehicle and Traffic Law 1193, a second DWI or Aggravated DWI within 10 years of a prior DWI conviction is a class E felony, punishable by up to four years in prison. A third such conviction within 10 years is a class D felony, punishable by up to seven years. The felony threshold is therefore the second offense within the 10-year window, which is stricter than the third-offense felony rule used in many states. Three or more alcohol-related convictions or refusals within 10 years can lead to a permanent revocation, with a possible waiver only after at least five years. A conviction for vehicular assault or aggravated vehicular homicide involving intoxication is a felony regardless of offense number.

Watch out: Refusing the breath or blood test does not protect your license. A first refusal is a separate one-year revocation plus a $500 civil penalty, which is longer than the six-month DWI revocation, and the refusal can be used against you in court.

Refusing a breath or blood test in New York

New York's implied consent law means that by driving in the state you have agreed to submit to a chemical test of breath, blood, urine, or saliva if lawfully arrested for an alcohol or drug-related offense. According to the New York DMV, a first refusal results in a license revocation of at least one year and a $500 civil penalty, a second refusal within five years raises the revocation to at least 18 months and a $750 civil penalty, and a commercial driver who refuses loses the commercial privilege for at least 18 months. The refusal action is administrative and runs separately from the criminal DWI case. Because the refusal revocation is longer than the six-month DWI revocation, refusing rarely helps and the refusal itself can be introduced as evidence at trial.

Can you expunge or seal a DWI in New York

New York does not offer true expungement of a conviction, and there is no path to erase a DWI from the record. A limited sealing remedy exists under Criminal Procedure Law 160.59, which lets a person apply to seal up to two eligible convictions, no more than one of which may be a felony, after at least 10 years have passed since sentencing or release from incarceration. A DWI is not on the statute's list of categorically excluded offenses, which covers sex offenses under Penal Law article 130, offenses under Penal Law article 263, any offense that requires sex offender registration under Correction Law article 6-C, violent felonies under Penal Law 70.02, class A felonies, homicide felonies under Penal Law article 125, a felony conspiracy under Penal Law article 105 where the underlying offense is not eligible, and a felony attempt to commit an offense that is not eligible. A misdemeanor DWI can therefore be eligible if the person meets every requirement and a judge grants the application. Sealing is discretionary, it is not automatic, and a sealed DWI still appears on the DMV driving record and still counts as a prior for the 10-year look-back.

What to do after a DWI arrest in New York

A New York DWI creates two matters at once: a criminal case in court and an administrative license matter at the DMV, including a separate refusal hearing if you declined the chemical test. The deadlines move quickly, and a suspension can take effect at arraignment, so many people gather the arrest paperwork, the chemical test results, and any DMV notices right away. The criminal case proceeds on its own schedule from arraignment through pretrial and resolution. General information cannot tell you how your case will come out, since the outcome depends on the specific facts, the evidence, and your record. Many people consult a licensed New York DWI attorney to understand the charges, the interlock requirement, the refusal hearing, and the options for both the court case and the license case.

More New York Laws

• New York Expungement Laws
• New York Warrant Search