New York DWI Laws

Driving under the influence (DUI) is a serious offense. New York takes a strong stance against drug and alcohol-related driving offenses.

New York enacted Leandra's Law in 2009. It's named after 11-year-old Leandra Rosado, who was killed in an alcohol-related traffic accident. Leandra's law toughened New York's DWI laws and made ignition interlock devices mandatory with any DWI or DWAI-related offense.

New York laws also provide for treatment and preventive measures. Strict fines, jail time, and lengthy license suspensions and revocations aim to deter repeat offenses. Substance abuse assessments provide treatment and education if necessary.

New York's DUI laws can be complex. FindLaw lays out the details and potential penalties you could face.

Disclaimer: State laws can change through legislative, judicial, or other means. While FindLaw works hard to ensure the accuracy of its legal resources, it's a good idea to research the law or check with an attorney to ensure you have the most recent information.

New York DWI Laws

New York State recognizes multiple types of impaired driving offenses:

• Driving while intoxicated (DWI)
• Driving while ability impaired (DWAI)
• Aggravated DWI

Each offense prohibits a person from driving in an impaired condition that makes it unsafe to operate a vehicle.

Driving while intoxicated offenses:

• DWI — Driving in an impaired condition
• DWI Per Se — Driving with a blood alcohol content (BAC) of 0.08% or more, as shown in chemical tests of your breath, blood, urine, or saliva

Driving while ability impaired (DWAI) offenses:

• DWAI alcohol — Operating a vehicle while impaired by alcohol
• DWAI drug — Operating a vehicle while under the influence of drugs
• DWAI combination — Driving while impaired by a combination of alcohol and drugs

Aggravated DWI is a per se offense:

• Operating a motor vehicle when your BAC is 0.18% or greater

DWI with a minor: Any DWI/DWAI offense with a minor passenger, age 15 or younger, is a Class E felony.

Commercial driver's license: New York recognizes a per se DWI for commercial drivers when your BAC is 0.04% or more.

Per Se Offense

New York recognizes a DWI per se offense when your BAC measures 0.08% if you are over 21. This is often called a “legal limit," which is misleading. If your BAC is below 0.08%, a police officer can still arrest you.

A per se offense needs only a chemical test proving your BAC is 0.08% or more to prosecute you on a DWI charge. Law enforcement doesn't need to provide evidence of impairment. You may not feel or act drunk or high. It's not necessary. The law says a BAC at or above the legal limit is too intoxicated to operate a motor vehicle. Your chemical test results can stand alone.

Your DWI charge becomes an aggravated per se DWI when your alcohol level is 0.18% or higher.

DWI Traffic Stop

When a law enforcement officer suspects you of drugged or drunk driving, they'll perform an investigatory traffic stop. The officer will observe you for signs of intoxication, such as slurring your speech, bloodshot or watery eyes, or the smell of alcohol on your breath. They may have seen you driving erratically before pulling you over.

The officer can ask you to perform a series of field sobriety tests to look for other signs of intoxication. Law enforcement can also ask you to take a preliminary breath test or breathalyzer to check your BAC. You can refuse to take both tests. You're not legally required to participate.

However, based on other evidence, the officer may still arrest you for a DWI offense.

Implied Consent Law and Chemical Tests

Implied consent applies after your arrest. Under New York's implied consent law, law enforcement expects you to cooperate if the officer asks you to take a chemical test. This is a condition of having your driver's license. Driving is a privilege. By driving within the state, you agree to abide by all New York driving laws, including implied consent.

Chemical tests can include an evidentiary breath test, blood test, or urine or saliva analysis. These tests confirm your BAC and check for other intoxicants. You may refuse to comply with these tests, but immediate penalties exist.

Chemical test refusal at this stage will immediately suspend your driving privileges. The police officer will take your license. You will have temporary driving privileges until your refusal hearing with the New York Department of Motor Vehicles (DMV). If you lose this hearing, you must serve a one-year license suspension for a first-time refusal. The DMV will assess you with a civil penalty of $500. You may have to pay an annual $250 driver responsibility fee for three years.

This license suspension is separate from any suspension the court may order if convicted of a DWI or DWAI. You must serve this suspension regardless of your criminal case's outcome.

Conviction Penalties

The penalties you face upon conviction will vary depending on your charge. The following charts detail the mandatory penalties for conviction.

DWI and DWAI convictions also include attendance at a victim impact panel. You will complete a drug and alcohol assessment and any recommended treatment, such as a substance abuse treatment program. You will pay the DMV a driver responsibility assessment of $260 annually for three years.

License Revocation or Suspension?

Following a DWI or DWAI, you will lose your driver's license. Depending on your charge, your license is either suspended or revoked. Typically, your suspension or revocation begins after your arraignment.

License suspension differs from a revocation, but you can't drive during that time either.

• License suspension: The DMV takes away your driving privileges. At the end of your suspension period, you pay a termination fee.
• License revocation: The DMV cancels your driver's license. When your revocation period ends, you must apply for a new license. The DMV can require that you retake driving tests and pay all fees.

Ignition Interlock Device

The court will order you to install an ignition interlock device (IID) in all vehicles you drive.

An IID is a small electronic device connected to your vehicle's ignition system. To drive, you must breathe into a tube connected to the IID. If the IID detects alcohol in your system, your car won't start. The device will prompt you to provide additional breath samples as you drive to ensure you're not drinking.

If convicted of an aggravated DWI, the judge will require you to install and maintain the IID for at least six months and the duration of your probation and revocation period. For other alcohol-related driving convictions, you must maintain the IID for at least six months.

Zero Tolerance Law for Underage DWI

The state of New York doesn't tolerate underage drinking or using illegal or prescription drugs and driving. There is no safe BAC level for you to drink and drive, especially if you're under 21. Intoxicated drivers under 21 are more likely to be involved in fatal accidents than those over the legal drinking age.

Under New York's zero-tolerance law, if a police officer catches you driving with a BAC of 0.02% or more, you lose your license for six months and must pay a $125 civil penalty. A second zero-tolerance violation will revoke your license for one year or until you turn 21.

If you refuse chemical tests, your civil penalty gets doubled for a first refusal, and you face a one-year license suspension.

You won't face a criminal charge if your BAC is under 0.05%. But it's at the officer's discretion to charge you criminally if your BAC is between 0.05% and 0.08%. You will face a DWI with adult penalties if your BAC is 0.08% or more.

New York DWI Resources

• New York DWI Statutes — Operating a Motor Vehicle While Under the Influence of Alcohol or Drugs (NY Veh & Traf §§ 1192 et seq.)
• Penalties for Alcohol or Drug-Related Violations — Answers to frequently asked questions about New York DWI laws (NY Department of Motor Vehicles)
• Leandra's Law & Ignition Interlock Devices — Information about New York's IID program (NY DMV)
• Stop DWI New York — Awareness and prevention resources for DWI
• Defenses to Drunk Driving — Possible defenses to your DWI charge

Consult an Experienced New York DWI Attorney

A DWI or DWAI conviction will result in extensive fines, loss of driving privileges, and jail time or community service. A conviction on your record can impact your life for years, barring you from jobs, professional licenses, and even housing. A skilled New York DWI defense attorney can evaluate your DWI case and work to secure the best outcome.