Aggravated Driving While Intoxicated (ADWI) - VTL § 1192.2a

A person is guilty of ADWI if he/she operates a motor vehicle while he/she has .18% of alcohol in the person’s blood a shown by chemical analysis of such person’s blood, breath, urine or saliva.

First Offense*

If charged with an ADWI as first offense, you are charged with a misdemeanor. If convicted of an ADWI you will have a lifetime criminal record and face the following potential consequences:

  1. Up to one year in prison;
  2. A fine of between $1,000 and $2,500;
  3. Probation period of up to three years;
  4. Revocation of driver’s license for at least one year;
  5. A surcharge of $395;
  6. A driver responsibility assessment of $250 per year for three years;
  7. Requirement that you attend a Victim Impact Panel;
  8. Requirement that you install an ignition interlock device in any vehicle you own or operate.

Second Offense*

If charged with ADWI within 10 years of having been convicted of either DWI, ADWI, DWAI Drugs or DWAI Combined Influence, you may be charged with a Class E Felony ADWI and face the following potential consequences:

  1. Up to four years in prison;
  2. A fine of between $1,000 and $5,000;
  3. Probation period of five years;
  4. Revocation of license for at least one  year (often more) & DMV requires evidence of alcohol evaluation and rehabilitation before you may be relicensed;
  5. Revocation of vehicle registration for one year;
  6. Required to install an ignition interlock device in each motor vehicle you own or operate;
  7. Surcharge of $520;
  8. Driver responsibility assessment of $250 a year for three years;
  9. Requirement that you attend a Victim Impact Panel.

* Unless it has been more than five years since your prior conviction, you will not be eligible for a conditional license.

Third and Subsequent Offenses (DWI, ADWI, DWAI Drugs, DWAI Combined Influence)

If charged with a DWI, ADWI, DWAI Drugs, DWAI Combined Influence after having been convicted of one of those offenses twice within the past 10 years, you may be charged with a Class D Felony and face the following potential consequences:

  1. Up to seven years in state prison;
  2. A fine of between $2,000 and $10,000;
  3. A period of probation of five years;
  4. Revocation of your driver’s license for at least 18 months;
  5. Probation conditioned upon prohibition from driving;
  6. Revocation of registration for at least one year;
  7. Surcharge of $520;
  8. Driver responsibility assessment of $250 a year for at least three years;
  9. Requirement that you install an ignition interlock device in each motor vehicle you own or operate;
  10. Requirement that you attend a Victim Impact Panel;
  11. Requirement that you receive an alcohol or substance abuse assessment.