DUI Laws in New York

0.08 for DWI; driving while ability impaired (DWAI) applies at more than 0.05 but less than 0.07 or other evidence of impairment; aggravated DWI at 0.18 or higher. Commercial drivers: 0.04. Drivers under 21: 'zero tolerance' at 0.02 to 0.07.

First DWI: mandatory fine of $500 to $1,000, up to 1 year in jail, and license revocation for at least six months. Aggravated DWI (0.18+): $1,000 to $2,500, up to 1 year in jail, and revocation for at least one year. DWAI/Alcohol: $300 to $500, up to 15 days in jail, and a 90-day suspension. Additional surcharges and fees apply ($395 for alcohol-related misdemeanors, plus $5 in town or village courts). Under-21 zero tolerance: $125 civil penalty, $100 fee and a six-month suspension.

In New York, a 2nd DWI, Aggravated DWI (BAC 0.18+), DWAI-Drug or DWAI-Combination violation within 10 years is a class E felony. A 3rd within 10 years is a class D felony. A driver convicted of Aggravated DWI, DWI, DWAI-Drug, DWAI-Combination, vehicular assault or certain related offenses three or more times in the preceding 15 years is also guilty of a class D felony. Under Leandra's Law, driving under the influence of alcohol or drugs with a child 15 or younger in the vehicle is a class E felony, even on a first offense.

A first chemical test refusal brings license revocation for at least one year (18 months for commercial drivers) and a $500 civil penalty ($550 for commercial drivers). Refusals count toward the three-in-10-years permanent revocation rule.

10 years for repeat DWI and DWAI-Drug/Combination offenses; 5 years for a second DWAI violation. Greater penalties can apply to multiple violations within 25 years.

On the standard New York driving record abstract, DWI convictions are shown for 15 years from the conviction date, and DWAI convictions for 10 years. Chemical-test refusal suspensions are shown for 5 years, and most suspensions and revocations for 4 years after they end. The DMV also keeps a lifetime driving record, which shows all information still in its possession regardless of these display periods.

A driver whose license is suspended or revoked for an alcohol- or drug-related violation may get a conditional license by attending a DMV-approved Impaired Driver Program. It allows driving only to and from work, school, IDP activities, court-ordered probation, medical appointments (with a practitioner's statement), child care needed for work or school, DMV visits, and one assigned three-hour period per week between 5 a.m. and 9 p.m. It is not valid for vehicles requiring a CDL and is revoked for violating its conditions or any moving violation. For non-alcohol suspensions, the DMV may issue a restricted use license to drivers who qualify.