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What Are the Penalties for DWI in New York?

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Driving while intoxicated (DWI) is a crime in all 50 states and New York is no exception. Due to how alcohol affects the brain, a driver’s judgement, depth perception, vision, and ability to drive a vehicle safely are all impacted by alcohol consumption. A person’s level of impairment depends on the following factors:

  • Gender (women are more susceptible to alcohol’s effects due to their body composition).
  • Whether the person recently ate. Food, especially protein, slows down the body’s ability to metabolize alcohol.
  • The individual’s body weight. The less someone weighs, the faster their blood alcohol concentration (BAC) rises.
  • The rate of consumption – how many alcoholic beverages within a single drinking episode.
  • The strength of the drinks.

Contrary to popular belief, a strong cup of coffee, an energy drink, or a cold shower will not help someone become sober, nor will they lower a person’s BAC. The only thing that will lower BAC is time. According to the New York State Department of Motor Vehicles, on average, people process alcohol at a rate of one drink per an hour.

Drug & Alcohol Violations in New York

In New York, there are six types of drug and alcohol related violations, including:

  1. Driving While Intoxicated
  2. Aggravated Driving While Intoxicated (having a BAC of .18 or higher)
  3. Driving While Ability Impaired by Alcohol (BAC of more than .05 to less than .07 or evidence that the driver was impaired by drugs or alcohol)
  4. Driving While Ability Impaired by a Single Drug Other Than Alcohol
  5. Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol
  6. Chemical Test Refusal
  7. Zero Tolerance Violation (under 21 DWI)

First DWI

  • $500 to $1,000 fine
  • Minimum six-month license revocation
  • Up to one year in jail

Second DWI (in 10 years)

  • $1,000 to $5,000 fine
  • Minimum one-year license revocation
  • Up to four years behind bars

Third DWI (in 10 years)

  • $2,000 to $10,000 fine
  • Minimum one-year license revocation
  • Up to 7 years behind bars

Looking for a Beacon DWI attorney to defend you? Contact the Law Office of Dennis R. Vetrano, Jr., LLC today at (845) 605-4330.