New York DWI & DWAI Laws

By Javier Marín, Editor·Last reviewed September 2026·How we check this

New York is unusual among U.S. states in that it has three distinct impaired-driving charges, not two. A driver under the influence of alcohol or drugs in New York can be charged with DWI (the standard 0.08% offense), DWAI (a lower-tier alcohol charge between 0.05% and 0.07%), or DWAI-Drugs / DWAI-Combination (drug or mixed impairment). Each carries its own penalties — and each comes with the parallel DMV administrative process.

The three categories

DWI — Driving While Intoxicated. BAC at or above 0.08% (0.04% for commercial drivers). The headline offense.
DWAI — Driving While Ability Impaired by Alcohol. BAC of 0.05% to 0.07%, or evidence of impairment with any measurable BAC. A traffic infraction on a first offense, not a misdemeanor.
DWAI-Drugs / DWAI-Combination. Impairment by a controlled substance or by a drug-and-alcohol mixture, with no specific BAC threshold.
Aggravated DWI. BAC at or above 0.18%, or any DWI with a child under 16 in the vehicle (Leandra's Law).
Zero Tolerance. Drivers under 21 with a BAC of 0.02%-0.07% face a separate civil penalty under VTL §1192-a.

First-offense DWI penalties

Misdemeanor conviction.
Fine of $500-$1,000 plus state surcharges (typically $400 in addition).
Up to one year in county jail (rarely imposed on first offense without aggravating factors).
Six-month license revocation (not a suspension — reapplication required).
Three-year Driver Responsibility Assessment of $250/year.
Mandatory installation of an ignition interlock device on every vehicle the driver owns or operates, for at least 12 months.
Likely participation in the Impaired Driver Program (IDP) and the Victim Impact Panel.
An SR-22-equivalent New York FS-1 insurance filing for three years — see New York insurance.

First-offense DWAI penalties

A first DWAI is a traffic infraction, not a misdemeanor — an important distinction for employment and immigration purposes:

Fine of $300-$500 plus surcharges.
Up to 15 days in jail (almost never imposed).
90-day license suspension.
Three-year Driver Responsibility Assessment of $250/year.
No mandatory IID, but the court can order one in aggravated cases.

Many first-time DWI arrests resolve as a DWAI plea once the BAC is right at or near the 0.08% line.

Aggravated DWI / Leandra's Law

Aggravated DWI applies when the BAC is 0.18% or higher, or when a child age 15 or younger is in the vehicle (this version is known as Leandra's Law, named for an 11-year-old killed by a drunk driver in 2009). Leandra's Law cases are charged as felonies on first offense, with maximum prison terms of four years and mandatory ignition-interlock installation. A child fatality during a DWI is charged as Vehicular Homicide.

Implied consent and chemical-test refusal

Every New York driver consents to chemical testing as a condition of holding a license. Refusing a breath, blood, or urine test on arrest triggers:

A one-year license revocation, even if the underlying DWI charge is dismissed.
A separate $500 civil penalty.
Three years of Driver Responsibility Assessment at $250/year.
Use of the refusal as evidence of consciousness of guilt at trial.

The 15-day temporary license

After a DWI arrest, the police seize the driver's license and issue a temporary 15-day notice. After 15 days, the suspension is automatic unless the driver requests a DMV hearing. The hearing examines four narrow questions: lawful stop, lawful arrest, refusal or BAC level, and the officer's notification of the chemical-test consequence. Winning the hearing prevents the administrative suspension but does not affect the criminal case.

Ignition interlock

Since 2010, every DWI sentence in New York includes mandatory ignition-interlock installation on every vehicle the driver owns or routinely operates, for at least 12 months. The driver pays for the device (about $100-$130 per month plus a $100 install fee). Failed rolling tests extend the IID period and can be used as evidence in any subsequent prosecution.

Repeat offenses

A second DWI within 10 years is charged as a Class E felony, with a one-year minimum revocation, mandatory 18-month IID, and the possibility of state prison. A third DWI within 10 years is a Class D felony with up to seven years of prison. New York counts every "alcohol-related" prior, including out-of-state convictions, against the 10-year window.