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DWI Penalties*

Offense
Mandatory Fines Minimum Fines and Maximum Fines
Maximum Jail Term
Mandatory Penalties to License
Driving While Ability Impaired (VTL § 1192[1])
First Conviction
$300 - $500(2)(3)(6)
15 days
90 day suspension
Second Conviction within 5 years of either a conviction for ADWI, DWI or DWAI
$500 - $750(3)(6)
30 days
Revoked at least 6 months
Third Conviction within 10 years
$750 - $1,500(4)(6)
180 days Misdemeanor
Revoked at least 6 months
Driving While Intoxicated (VTL § 1192[2] and [3])(1)
First Conviction
$500 - $1,000(4)(6)
1 year Misdemeanor
Revoked at least 6 months
Second Conviction within 10 years (prior ADWI or DWI)
$1,000 - $5,000(5)(6)
4 years "E" Felony
Revoked at least 1 year (18 months if prior conviction is for ADWI)(7)
Third Conviction within 10 years (prior ADWIs and/or DWIs)
$2,000 - $10,000(5)(6)
7 years "D" Felony
Revoked at least 1 year (18 months if at least one prior conviction is for ADWI)(7)
Aggravated Driving While Intoxicated per se (VTL §1192[2-a(A)])(1)
First Conviction
$1,000 - $2,500(4)(6)
1 year Misdemeanor
Revoked at least 1 year
Second Conviction within 10 years (prior ADWI or DWI)
$1,000 - $5,000(5)(6)
4 years "E" Felony
Revoked at least 18 months(7)
Third Conviction within 10 years (prior ADWIs and/or DWIs)
$2,000 - $10,000(5)(6)
7 years "D" Felony
Revoked at least 18 months(7)
Aggravated Driving While Intoxicated with a Child (VTL § 1192[2-a(B)])(1)
First Conviction
$2,000 - $5,000
4 years "E" Felony
Revoked at least 1 year
Second Conviction within 10 years (prior ADWI or DWI)
$2,000 - $5,000(5)(6)
4 years "E" Felony
Revoked at least 18 months(7)
Third Conviction within 10 years (prior ADWIs and/or DWIs)
$2,000 - $10,000(5)(6)
7 years "D" Felony
Revoked at least 18 months(7)

*This chart only sets forth court imposed sanctions; separate and additional sanctions may also be imposed by the Department of Motor Vehicles.

(1)All convictions under Vehicle & Traffic Law section 1192 require the pay (1) ment of a Driver Responsibility Assessment to the Department of Motor Vehicles in the amount $250 per year for 3 years in addition to the mandatory fines set forth in this chart

(2)First alcohol or drug-related violation by a driver under the age of 21: 1 year revocation Second alcohol or drug-related violation by a driver under the age of 21: revocation until age 21 or 1 year, whichever is longer

(3)$255.00: State mandatory surcharges which are in addition to mandatory fines

(4)$395.00: State mandatory surcharges which are in addition to mandatory fines

(5)$520.00: State mandatory surcharges which are in addition to mandatory fines

Chemical Test Refusal Revocation: $500 civil penalty Chemical Test Refusal with prior refusal or alcohol-related violation within five years: $750 civil penalty, see VTL § 1194

Additional licensing penalties may arise if the prior offenses occurred within 4 years of the current offense

Victim Impact Program

Where court imposes a sentence for a violation of NY VTL § 1192, the court may require the driver to attend a single session of the Victim Impact Program; see NY VTL § 1193.

Drinking Driver Program

Administrative Fee: $75.00; Paid by driver when s/he enrolls in DDP; fee is non-refundable.

Agency Fee: $225 (approx. cost); This fee is paid to the agency that teaches the DDP course.

Evaluation/Assessment Fee: If driver is referred for additional alcohol evaluation or treatment, additional fees set by the mental health professional will also be incurred by the driver.

Re-Licensing Fee

If driver’s license is revoked as a result of an alcohol-related conviction, the driver must re-apply for a new license. When re-applying for a new license, the driver must include a $50 non-refundable re-application fee with his application.

As of September 22, 2003, if a driver license is suspended, the driver must pay a $35 termination of suspension fee to the court that suspended his or her license. The court may not lift the suspension of the driver license until that fee is paid.