Driving while intoxicated is a serious offense that poses a significant risk to the driver, passengers and others on the road. In New York, as in many other jurisdictions, the law is clear about the consequences and penalties associated with driving under the influence.
The state relies on measuring the driver’s blood alcohol concentration (BAC) to enforce laws related to driving while intoxicated. BAC is the ratio of alcohol to blood in a person’s body and is typically expressed as a percentage. Operating a motor vehicle with a BAC of 0.08% or higher for drivers aged 21 and older is illegal. For drivers under the age of 21, a BAC of 0.02% or higher is considered a violation.
DWI penalties in New York
The penalties for driving while intoxicated vary depending on the circumstances and whether it is a first-time or repeat offense. Here is an overview of the potential penalties:
First offense
- A fine between $500 and $1,000
- Maximum imprisonment of up to one year
- License revocation for a minimum of six months
- Participation in a Drinking Driver Program (DDP)
- Possible installation of an ignition interlock device
Second offense
- A fine between $1,000 and $5,000
- Maximum imprisonment of up to four years
- License revocation for a minimum of one year
- Participation in a DDP and completion of a comprehensive assessment
- Mandatory installation of an ignition interlock device
Third offense
- A fine between $2,000 and $10,000
- Maximum imprisonment of up to seven years
- License revocation for a minimum of one year
- Participation in a DDP and completion of a comprehensive assessment
- Mandatory installation of an ignition interlock device
Aggravated DWI
In addition to driving while intoxicated, the state’s law also recognizes the offense of Aggravated Driving While Intoxicated (Aggravated DWI). This offense applies when a driver’s BAC is 0.18% or higher, more than twice the legal limit. The penalties for Aggravated DWI are more severe than regular DWI, including higher fines, longer license revocation periods and potential mandatory ignition interlock device installation.
Driving while intoxicated is a serious offense, and understanding the state’s laws and regulations is essential to avoid or minimize legal consequences.