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DUI Law: New York DWAI and New York DWI Penalties

In New York State, there are two terms for drinking and driving: Driving While Intoxicated (DWI) and Driving While Ability Impaired (DWAI). Of the two, DWI is the more serious charge and kicks in when your Blood Alcohol Content (BAC) is .08 or greater. DWAI is the lesser charge and it applies when your BAC is between .05 and .079).

Another term you should be aware of is DWAI/Drugs which simply means Driving While Ability Impaired by Drugs other than alcohol.

First Offense DWAI in New York
Your first DWAI offense may result in a maximum prison sentence of fifteen (15) days. You will also receive a mandatory fine of between $300.00 and $500.00 and have your driver's license suspended for ninety (90) days.

As in most states, there is a wide range of jail time the Court may impose upon you. Be sure to have an attorney represent you even if you are only charged with DWAI.

Second Offense DWAI in New York
Your second DWAI offense within five (5) may result in a maximum prison sentence of thirty (30) days. You will also receive a mandatory fine of between $500.00 and $750.00 and have your driver's license revoked for at least six (6) months.

First Offense DWI in New York
Your first DWI offense may result in a maximum prison sentence of one (1) year. You will also receive a mandatory fine of between $500.00 and $1,000.00 and have your driver's license revoked for at least six (6) months.

Second Offense DWI in New York
Your second DWI offense within ten (10) years is a Class E felony and may result in a maximum prison sentence of four (4) years. You will also receive a mandatory fine of between $1000.00 and $5,000.00 and have your driver's license revoked for at least one (1) year.

Third Offense DWI in New York
Your third DWI offense within ten (10) years is a Class D felony and may result in a maximum prison sentence of seven (7) years. You will also receive a mandatory fine of between $2,000.00 and $10,000.00 and have your driver's license revoked for at least one (1) year.

As you can see there is a wide range of charges and sentences that can be imposed on you if you are caught DWAI or DUI. To get the best results, contact one of our sponsoring attorneys below or at the top of this page.