DUI Laws in New York (DWI/DWAI)

New York uses the term "DWI/DWAI" for impaired driving offenses. The standard BAC limit is 0.08% for DWI; 0.05% for DWAI (Driving While Ability Impaired). The lookback period is 10 years. 2nd DWI offense within 10 years (Class E Felony) or 3rd DWI within 10 years (Class D Felony). Any DWI with a child passenger under 15 (Leandra's Law — Class E Felony for first offense).. Below are the full details of New York's DUI laws and penalties.

Last updated: 2026-03-27

Overview

New York has a multi-tiered system for impaired driving offenses: DWAI (Driving While Ability Impaired by Alcohol) for BAC of 0.05–0.07%, DWI (Driving While Intoxicated) for BAC of 0.08% or higher, and Aggravated DWI for BAC of 0.18% or higher. DWAI is a traffic infraction rather than a misdemeanor, while DWI is a misdemeanor or felony. New York uses a 10-year lookback period for repeat offense enhancement and Leandra's Law (2009) makes any DWI with a child passenger under 15 an automatic felony. The state's Conditional Discharge and Drinking Driver Program (DDP) provide structured rehabilitation pathways for eligible offenders.

Official term: DWI/DWAI

BAC Limits

Driver Type	BAC Limit
Standard (21+)	0.08% for DWI; 0.05% for DWAI (Driving While Ability Impaired)
Commercial (CDL)	0.04%
Under 21	0.02% (Zero Tolerance Law — processed through DMV, not criminal court)
Enhanced Penalty	0.18% — triggers Aggravated DWI (AGG-DWI) with enhanced mandatory penalties

Penalties by Offense

Offense	Classification	Jail Time	Fines	License Suspension	IID
1st Offense	DWAI: Traffic infraction. DWI: Unclassified Misdemeanor. Aggravated DWI (BAC ≥ 0.18%): Unclassified Misdemeanor with enhanced penalties.	DWAI: up to 15 days. DWI: up to 1 year. Aggravated DWI: up to 1 year with potential for longer sentencing conditions. No mandatory minimum jail for first offense (standard DWI).	DWAI: $300–$500. DWI: $500–$1,000. Aggravated DWI: $1,000–$2,500. Plus mandatory surcharges ($260+ for misdemeanor, $395+ for felony) and a $25 crime victim assistance fee.	DWAI: 90-day suspension. DWI: 6-month revocation. Aggravated DWI: 1-year revocation.	Mandatory for all DWI and Aggravated DWI convictions for at least 12 months (Leandra's Law requirement). Court may order IID for DWAI in certain circumstances.
2nd Offense	Class E Felony (if within 10 years of prior DWI conviction)	Mandatory minimum 5 days in jail or 30 days community service; up to 4 years in state prison. Weekend or intermittent jail may be arranged.	$1,000–$5,000 plus mandatory surcharges ($395+)	Minimum 1-year revocation; may be permanently revoked if prior revocation occurred within past 4 years	Mandatory for at least 12 months following license restoration
3rd Offense	Class D Felony (if two or more prior convictions within 10 years)	Mandatory minimum 10 days in jail or 30 days community service; up to 7 years in state prison	$2,000–$10,000 plus mandatory surcharges	Minimum 1-year revocation; permanent revocation likely if multiple prior revocations	Mandatory for extended period; permanent IID may be ordered
Felony	Class E Felony (2nd within 10 years / Leandra's Law) or Class D Felony (3rd within 10 years)	Class E Felony: up to 4 years. Class D Felony: up to 7 years. Vehicular assault (1st degree): up to 15 years (Class C Felony). Vehicular manslaughter: up to 15 years.	Class E Felony: $1,000–$5,000. Class D Felony: $2,000–$10,000. Plus mandatory surcharges.	Minimum 1-year revocation; permanent revocation possible	Mandatory for at least 12 months after any license restoration; permanent IID possible

Felony threshold: 2nd DWI offense within 10 years (Class E Felony) or 3rd DWI within 10 years (Class D Felony). Any DWI with a child passenger under 15 (Leandra's Law — Class E Felony for first offense).. Lookback period: 10 years — prior DWI-related convictions within this window count toward felony enhancement. For permanent license revocation and DMV purposes, the lookback may be 25 years..

Additional Penalty Details

Offense	Community Service	Probation	DUI School
1st Offense	Court may order community service, particularly as a condition of conditional discharge	Conditional discharge (up to 1 year for misdemeanor) or probation (up to 3 years); mandatory participation in Drinking Driver Program (DDP)	Mandatory Drinking Driver Program (DDP) — a 16-hour course over 7 weeks. Additional treatment may be recommended by DDP. DDP completion is required before license restoration.
2nd Offense	30 days as alternative to 5-day jail minimum; additional community service at court's discretion	Up to 5 years; mandatory treatment and DDP compliance; ignition interlock monitoring	Mandatory DDP; intensive outpatient or inpatient treatment based on clinical assessment
3rd Offense	30 days as alternative to jail minimum; additional service at court's discretion	Up to 5 years; mandatory intensive treatment and monitoring	Mandatory DDP and intensive chemical dependency treatment; residential treatment may be ordered
Felony	At court's discretion as probation/parole condition	Up to 5 years for felony conviction; mandatory treatment and IID compliance	Mandatory DDP completion; intensive or residential treatment as ordered

Implied Consent Law

Under New York's implied consent law (VTL § 1194), any person who operates a motor vehicle in New York is deemed to have given consent to a chemical test of breath, blood, urine, or saliva to determine alcohol or drug content when requested by law enforcement with reasonable grounds. The test must be administered within 2 hours of arrest.

Refusal penalties: First refusal: 1-year license revocation (administrative) and $500 civil penalty. Commercial drivers: 18-month revocation. Refusal with a prior DWI/refusal within 5 years: 18-month revocation and $750 civil penalty. The refusal revocation is imposed by the DMV at a separate hearing and is independent of the criminal case. Refusal evidence is admissible in court.

Aggravating Factors

Factor	Impact
BAC of 0.18% or higher (Aggravated DWI)	Enhanced fine range ($1,000–$2,500 vs $500–$1,000 for standard DWI); 1-year revocation instead of 6 months; mandatory IID for 12+ months
Child passenger under age 15 (Leandra's Law)	Automatic Class E Felony charge regardless of prior record; up to 4 years imprisonment; mandatory IID; potential child endangerment charges
Prior DWI conviction within 10 years	Felony enhancement: 2nd offense becomes Class E Felony, 3rd becomes Class D Felony with substantially increased penalties
Causing serious physical injury (Vehicular Assault)	Vehicular assault 1st degree (VTL § 120.04): Class C Felony, up to 15 years imprisonment
Causing death (Vehicular Manslaughter)	Vehicular manslaughter 1st degree (PL § 125.13): Class C Felony, up to 15 years imprisonment; 2nd degree: Class D Felony, up to 7 years
Driving with a suspended or revoked license due to prior DWI	Aggravated unlicensed operation (AUO): 1st degree is a Class E Felony with mandatory jail time; 2nd degree is a misdemeanor

DUI with Injury

Classification: Class C Felony — Vehicular Assault 1st Degree (PL § 120.04); Class D Felony — Vehicular Assault 2nd Degree (PL § 120.03); Class C Felony — Vehicular Manslaughter 1st Degree (PL § 125.13)

Vehicular assault 2nd degree: up to 7 years imprisonment and up to $5,000 fine. Vehicular assault 1st degree: up to 15 years imprisonment. Vehicular manslaughter 2nd degree: up to 7 years. Vehicular manslaughter 1st degree: up to 15 years. Aggravated vehicular homicide (PL § 125.14): Class B Felony, up to 25 years imprisonment. All carry mandatory license revocation and restitution.

Underage DUI

Zero tolerance: Yes

BAC limit: 0.02%

Drivers under 21 with BAC of 0.02–0.07% are processed under the Zero Tolerance Law (VTL § 1192-a) through the DMV rather than criminal court. First offense: 6-month license suspension and $125 civil penalty. Second offense (or refusal): 1-year revocation and $125 civil penalty. Mandatory referral to alcohol education. If BAC is 0.05% or higher, the driver may also face DWAI charges in criminal court. If BAC is 0.08% or higher, full adult DWI criminal penalties apply.

Diversion Programs

Program: Drinking Driver Program (DDP) / DWI Court

New York's Drinking Driver Program (DDP) is mandatory for all DWI/DWAI offenders and serves as both an educational and screening program. The DDP is a 16-hour course conducted over 7 weekly sessions. The program evaluates participants and may recommend further treatment. Successful completion is required for license restoration. New York also operates DWI Courts in several counties that provide intensive judicial supervision for repeat offenders, including regular court appearances, mandatory treatment, drug/alcohol testing, and graduated sanctions over 12–18 months.

Eligibility: The DDP is mandatory for all DWI/DWAI offenders — it is not optional. DWI Courts generally target repeat offenders (felony DWI) with demonstrated substance abuse issues. First-time offenders may receive a conditional discharge requiring DDP completion as the primary condition. Eligibility for DWI Court varies by county.

How Long a DUI Stays on Your Record

A DWI conviction remains on your New York criminal record permanently. New York does not allow expungement of DWI convictions — the state has no general expungement statute for adults. However, under the 2017 sealing law (CPL § 160.59), certain felony DWI convictions may be eligible for record sealing after 10 years, subject to court approval. DWAI (traffic infraction) remains on your DMV driving record for 10 years and on your criminal record permanently. The DMV uses a 10-year lookback for license actions and a 25-year lookback for certain permanent revocation determinations.

Key Statutes

VTL § 1192: Operating a motor vehicle while under the influence of alcohol or drugs — main DWI/DWAI statute
VTL § 1192(1): DWAI — Driving While Ability Impaired by Alcohol (BAC 0.05–0.07%)
VTL § 1192(2): DWI per se — BAC of 0.08% or higher
VTL § 1192(2-a): Aggravated DWI — BAC of 0.18% or higher
VTL § 1192-a: Zero Tolerance Law — underage drivers (BAC 0.02%+)
VTL § 1194: Implied consent — arrest and testing; chemical test refusal
PL § 120.03–120.04: Vehicular assault (1st and 2nd degree)
PL § 125.12–125.14: Vehicular manslaughter and aggravated vehicular homicide
VTL § 1198: Ignition interlock device program (Leandra's Law)

Frequently Asked Questions

What is the difference between DWI and DWAI in New York?

DWI (Driving While Intoxicated) applies when BAC is 0.08% or higher and is an unclassified misdemeanor. DWAI (Driving While Ability Impaired by Alcohol) applies when BAC is 0.05–0.07% and is a traffic infraction, not a criminal offense. DWAI carries lighter penalties (up to 15 days jail, $300–$500 fine, 90-day suspension) compared to DWI (up to 1 year jail, $500–$1,000 fine, 6-month revocation). New York also has DWAI-Drug (impairment by drugs) and DWAI-Combined (alcohol plus drugs), both of which are misdemeanors.

How long does a DWI stay on your record in New York?

A DWI conviction stays on your New York criminal record permanently. New York has no expungement for criminal convictions. On your DMV driving record, a DWI conviction is maintained for at least 10 years for lookback and penalty purposes, and the DMV uses a 25-year window for permanent revocation determinations. Under CPL § 160.59, some felony DWI convictions may be eligible for record sealing after 10 years, but this is limited and discretionary.

What is Leandra's Law in New York?

Leandra's Law (named after 11-year-old Leandra Rosado) took effect in 2009 and makes it an automatic Class E Felony to drive while intoxicated with a child under age 15 in the vehicle — even on a first offense with no prior record. The law also requires mandatory ignition interlock device (IID) installation for all DWI convictions, including first offenses. The IID must be maintained for at least 12 months. Leandra's Law significantly increased consequences for impaired driving across all offense levels in New York.

Is a first DWI a felony in New York?

A standard first DWI is an unclassified misdemeanor, not a felony. However, a first DWI becomes an automatic Class E Felony under Leandra's Law if a child under 15 is in the vehicle. Additionally, if the DWI results in serious physical injury (vehicular assault) or death (vehicular manslaughter), felony charges apply regardless of prior record.

Can a DWI be reduced to DWAI in New York?

Yes, plea bargaining a DWI down to DWAI is common in New York, especially for first offenses with borderline BAC levels, no accident, and no aggravating factors. This is often called a 'plea reduction.' The benefit is that DWAI is a traffic infraction rather than a misdemeanor — it carries lighter penalties and does not result in a criminal conviction. However, a DWAI still counts as a prior alcohol-related offense for lookback purposes if you are charged again within 10 years.

What happens if you refuse a breathalyzer in New York?

Refusing a chemical test results in an automatic 1-year license revocation by the DMV, a $500 civil penalty, and the refusal evidence being admitted against you at trial. For a second refusal within 5 years, the revocation is 18 months and the civil penalty is $750. Commercial drivers face an 18-month revocation. The DMV hearing on refusal is separate from the criminal case, and you can lose your license for refusal even if the DWI charge is ultimately dismissed.

What is the Drinking Driver Program (DDP) in New York?

The DDP is a mandatory 16-hour alcohol education and screening program conducted over 7 weekly sessions. All DWI and DWAI offenders must complete the DDP before their license can be restored. The DDP costs approximately $225 and evaluates whether participants need additional treatment. If treatment is recommended, you must complete it as well. Failure to attend or complete the DDP will result in continued license revocation.

Do I need an SR-22 after a DWI in New York?

New York does not use the SR-22 form. Instead, the state requires an FR-44 or SR-22 equivalent filing in some circumstances, but the primary requirement is that you maintain valid auto insurance and that the DMV can verify your coverage. Your insurance company will file an 'FS-1' form on your behalf. If your coverage lapses, the insurer notifies the DMV and your license is re-suspended. Your insurance premiums will increase substantially — often 3x to 5x for several years.

Related Guide

DUI license recovery in New York→

Step-by-step guide to getting your license back after a DUI in New York — suspension periods, IID requirements, SR-22 insurance, reinstatement fees, and process.

Take Action — Direct Links

New York DMV — Alcohol and Drug-Related Violations
Official NY DMV resource on DWI/DWAI penalties, license revocation, reinstatement, IID requirements, and DDP
New York Vehicle and Traffic Law — Article 31
Full text of New York's DWI/DWAI statutes including VTL §1192 offense definitions and penalties
LawNY — Free Legal Services
Free legal services for low-income New Yorkers in western NY, including help with DWI consequences and license issues
New York State Unified Court System — DWI Courts
Information on New York's DWI and Drug Court programs across the state
Legal Aid Society of New York
Free legal representation for eligible New Yorkers facing DWI and other criminal charges in New York City

DUI license recovery in New York →

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Sources

Disclaimer: This is informational only, not legal advice. DUI laws change frequently. Verify current requirements with New York's statutes or consult a qualified DUI attorney in New York.

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