Driving While Intoxicated (DWI) - VTL §§ 1192.2 & 1192.3

A person is guilty of DWI if he/she operates a motor vehicle while he/she has .08% of alcohol in the person’s blood a shown by chemical analysis of such person’s blood, breath, urine or saliva.

A person is guilty of DWI if he/she operates a motor vehicle while he/she is in an intoxicated condition.

First Offense*

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

  1. Up to 1 year in prison;
  2. A fine of between $500 and $1000;
  3. Probation period of three years;
  4. Revocation of license for at least six months;
  5. A surcharge of $395 (court fee);
  6. A driver responsibility assessment of $250 a year for three years (DMV charge);
  7. A requirement to attend a Victim Impact Panel.

*You may be eligible for a conditional license depending upon the circumstances of your particular case.

Second Offense*

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

  1. Up to 4 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 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.