DWI Penalties

The following tables outline the penalties associated with various DWI-related offenses in New York State. If you are facing any of these charges, contact our office immediately for a consultation.

Driving While Ability Impaired (VTL § 1192[1])

Offense	Fine	Jail	License Action
First Offense	$300 – $500	Up to 15 days	90-day suspension
Second within 5 years	$500 – $750	Up to 30 days	6+ month revocation
Third within 10 years (Misdemeanor)	$750 – $1,500	Up to 180 days	6+ month revocation

Driving While Intoxicated (VTL § 1192[2] and [3])

Offense	Fine	Jail	License Action
First Offense (Misdemeanor)	$500 – $1,000	Up to 1 year	6+ month revocation
Second within 10 years (E Felony)	$1,000 – $5,000	Up to 4 years	1+ year revocation
Third within 10 years (D Felony)	$2,000 – $10,000	Up to 7 years	1+ year revocation

Aggravated DWI per se (VTL §1192[2-a(A)])

Offense	Fine	Jail	License Action
First Offense (Misdemeanor)	$1,000 – $2,500	Up to 1 year	1+ year revocation
Second within 10 years (E Felony)	$1,000 – $5,000	Up to 4 years	18+ month revocation
Third within 10 years (D Felony)	$2,000 – $10,000	Up to 7 years	18+ month revocation

DWAI-Drugs and Combined Influence (VTL § 1192[4] and [4-a])

Despite the "DWAI" name, these are misdemeanors carrying the same penalties as DWI, not traffic infractions.

Offense	Fine	Jail	License Action
First Offense (Misdemeanor)	$500 – $1,000	Up to 1 year	6+ month revocation
Second within 10 years (E Felony)	$1,000 – $5,000	Up to 4 years	1+ year revocation
Third within 10 years (D Felony)	$2,000 – $10,000	Up to 7 years	1+ year revocation

Child in the Vehicle: Leandra's Law (VTL § 1192[2-a][b])

Driving intoxicated or impaired by drugs with a passenger 15 or younger is a class E felony on a first offense: a fine of $1,000–$5,000, up to 4 years in prison, and license revocation. It is triggered by any violation of § 1192(2), (3), (4), or (4-a); no .18 BAC required.

In Every Case

• Ignition interlock: mandatory for every DWI and Aggravated DWI conviction (§ 1192[2], [2-a], [3]): at least 12 months, in every vehicle you own or operate.
• Surcharges and fees: $395 on alcohol-related misdemeanors; $520 on felonies, on top of the fine.
• Driver Responsibility Assessment: $250 per year for 3 years ($750) for any § 1192 conviction or chemical-test refusal. Since February 2026, a conviction also carries 11 license points, which can trigger an additional points-based assessment.
• Chemical test refusal: $500 civil penalty and revocation of at least 1 year (18 months with a prior within 5 years), imposed by the DMV independently of the criminal case.

For how these charges differ and what a conviction means for your record, including the Clean Slate Act's automatic sealing rules, see our guide: DWI vs. DWAI vs. Aggravated DWI in New York.

Need legal help? If you have been charged with a DWI or related offense, contact the Law Office of Peter J. Todoro, Jr., PC for a consultation. We have extensive experience defending DWI cases in Buffalo and throughout Western New York.