DWI PENALTY STATUTES

Driving While Impaired by Alcohol, VTL Section 1192:

Considered a non-criminal "traffic infraction" which does not leave the driver with a criminal record, this is the least serious DWI offence. The penalties can range from a minimum fine of $300.00 and a maximum fine of $500.00 to up to 15 days in jail or both. However, if the driver has already been convicted of one prior DWI offense in New York, the penalty is increased to a minimum fine of $500.00 and a maximum fine of $750.00 or 30 days in jail or both. If the driver has been convicted of two or more DWI offenses in New York, then the classification of this DWI offense is changed to a misdemeanor (which does give the driver a criminal record) with a minimum fine of $750.00 and maximum of $1,500.00, plus up to 180 days in jail or both. A mandatory 90-day suspension of the driver's license to operate a vehicle will be imposed if the motorist has no prior DWI convictions. The suspension is for 6 months where the motorist does have a prior DWI conviction. However, courts are often willing to postpone that suspension for 20 days in order for the motorist to petition the Department of Motor Vehicles for a restricted license that will permit them to drive to and from work only.

Driving While Intoxicated, VTL Section 1192.2:

This is the standard, garden-variety offence that is typically charged when a motorist is arrested for DWI. It is considered a misdemeanor and does constitute a crime, giving the driver a criminal record. The minimum penalty, assuming no prior convictions for DWI as a misdemeanor, is a minimum fine of $500.00 and a maximum fine of $1,000.00 or both. A term of no more than one year in prison is authorized. The mandatory license revocation is for 6 months, with the same provision for a restricted license through DMV as outlined above.

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There is no cost or obligation for a consultation with NY DWI Attorney Ronald Meltzer. Call 212-822-1443, or e-mail Rmeltzer@NycDwiLaw.com, or click here for our Free DWI Consultation Form to submit to our office.