New York
New York DWI Laws: Penalties, BAC Limit & License (2026)
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 6 primary sources cited on this page. How we verify our legal content
In New York the main offense is called driving while intoxicated (DWI), and Vehicle and Traffic Law 1192 makes it unlawful to drive with a blood alcohol concentration (BAC) of 0.08 percent or more. A first DWI is a misdemeanor punishable by a $500 to $1,000 fine, up to one year in jail, and a driver license revoked for at least six months, according to the New York DMV.
This guide is part of our DUI Laws by State series.
What counts as a DWI in New York
New York's impaired-driving statute, Vehicle and Traffic Law 1192, creates a tiered set of offenses rather than a single charge. Subdivision 2 is the per se DWI: it is unlawful to drive with a BAC of 0.08 percent or more. Subdivision 3 is common-law DWI, driving in an intoxicated condition, which does not require a specific number. Subdivision 1 is the lesser offense of driving while ability impaired (DWAI) by alcohol, a traffic infraction rather than a crime. Subdivision 1 sets no number at all: it asks only whether the driver's ability to operate the vehicle was impaired by the consumption of alcohol. Vehicle and Traffic Law 1195(2) supplies the evidentiary scale, treating 0.05 percent or less as prima facie evidence of no impairment, more than 0.05 but under 0.07 percent as relevant evidence carrying no presumption, and 0.07 percent or more but under 0.08 percent as prima facie evidence that the driver was impaired. DWAI therefore reaches all the way up to the 0.08 percent DWI line, so the New York DMV chart entry of "More than .05 BAC but less than .07 BAC, or other evidence of impairment" is a rule of thumb rather than the outer edge of the offense. Subdivision 2-a is Aggravated DWI at 0.18 percent or more. Commercial drivers face a 0.04 percent limit, and drivers under 21 fall under the Zero Tolerance Law at 0.02 percent. The 0.08 figure is the federal benchmark adopted by every state except Utah, which sets its limit at 0.05 percent, as the National Highway Traffic Safety Administration reflects.
First-offense DWI penalties in New York (jail, fines, suspension)
A first DWI under Vehicle and Traffic Law 1192(2) or (3) is a misdemeanor. According to the New York DMV, a first DWI carries a fine of $500 to $1,000, a jail term of up to one year, and a license revocation of at least six months. A first Aggravated DWI at 0.18 percent or more raises the fine to $1,000 to $2,500 and the revocation to at least one year. The lesser DWAI infraction carries a $300 to $500 fine, up to 15 days in jail, and a 90-day suspension. On top of fines, anyone convicted of an alcohol or drug-related driving offense must pay a $750 driver responsibility assessment over three years, plus mandatory surcharges. The court typically allows the jail exposure to be served on probation or a conditional discharge for a first offense, with conditions that include the ignition interlock device discussed below.
| First-offense item | New York rule (statute or agency) |
|---|---|
| Offense level | Misdemeanor DWI (VTL 1192(2)/(3)) |
| BAC limit | 0.08% (DWAI: impairment above 0.05%, up to the 0.08% line) |
| Jail | Up to 1 year (DWI) |
| Fine | $500 to $1,000 (DWI) |
| License revocation | At least 6 months (DWI) |
| Aggravated DWI (0.18%+) | $1,000-$2,500 fine, 1-year revocation |
| Ignition interlock | At least 12 months (Leandra's Law) |
| Driver responsibility assessment | $750 over 3 years |
| Look-back period | 10 years |
Watch out: The DMV revocation and the criminal court case run on separate tracks. A refusal or a high BAC can trigger an immediate suspension at arraignment, and you can resolve the criminal charge yet still have to apply to the DMV to get your license back after the revocation period.
Ignition interlock requirements in New York
New York requires an ignition interlock device (IID) far more broadly than many states because of Leandra's Law. As the New York Division of Criminal Justice Services explains, the court must order every driver convicted of DWI or Aggravated DWI to install and maintain an interlock on any vehicle the driver owns or operates for at least 12 months, though the restriction can terminate early once the driver proves at least six months of compliance, unless the court ordered a longer period. The requirement applies to a first offense, not just repeat offenders. The device requires a breath sample before the engine starts and at random intervals while driving, and it logs every reading. The lesser DWAI infraction does not trigger the mandatory interlock. Leandra's Law also makes it a class E felony to drive while intoxicated with a child under 16 in the vehicle, even for a first offender.
License suspension and the administrative process in New York
New York runs an administrative license action alongside the criminal case. When a driver is arraigned on a DWI charge supported by a BAC of 0.08 percent or more, or refuses the chemical test, the court imposes a suspension pending prosecution, and a refusal triggers a separate DMV revocation hearing. On conviction, the New York DMV imposes the revocation: at least six months for DWI, at least one year for Aggravated DWI, and 90 days for DWAI. A driver with a prior DWI or Aggravated DWI conviction within 10 years faces a minimum 1-year revocation under Vehicle and Traffic Law 1193; that minimum rises to 18 months only when the current or a prior conviction was Aggravated DWI. After the revocation period, the driver must apply to the DMV for relicensing, which is discretionary, and may qualify for a conditional or restricted license tied to the Impaired Driver Program.
Repeat offenses and the New York look-back period
New York counts prior alcohol-related convictions within a 10-year look-back window, and the offense level climbs quickly inside that period. Under Vehicle and Traffic Law 1193, a second DWI or Aggravated DWI within 10 years of a prior DWI conviction is a class E felony, punishable by up to four years in prison. A third such conviction within 10 years is a class D felony, punishable by up to seven years. The felony threshold is therefore the second offense within the 10-year window, which is stricter than the third-offense felony rule used in many states. Three or more alcohol-related convictions or refusals within 10 years can lead to a permanent revocation, with a possible waiver only after at least five years. A conviction for vehicular assault or aggravated vehicular homicide involving intoxication is a felony regardless of offense number.
Watch out: Refusing the breath or blood test does not protect your license. A first refusal is a separate one-year revocation plus a $500 civil penalty, which is longer than the six-month DWI revocation, and the refusal can be used against you in court.
Refusing a breath or blood test in New York
New York's implied consent law means that by driving in the state you have agreed to submit to a chemical test of breath, blood, urine, or saliva if lawfully arrested for an alcohol or drug-related offense. According to the New York DMV, a first refusal results in a license revocation of at least one year and a $500 civil penalty, a second refusal within five years raises the revocation to at least 18 months and a $750 civil penalty, and a commercial driver who refuses loses the commercial privilege for at least 18 months. The refusal action is administrative and runs separately from the criminal DWI case. Because the refusal revocation is longer than the six-month DWI revocation, refusing rarely helps and the refusal itself can be introduced as evidence at trial.
Can you expunge or seal a DWI in New York
New York does not offer true expungement of a conviction, and there is no path to erase a DWI from the record. A limited sealing remedy exists under Criminal Procedure Law 160.59, which lets a person apply to seal up to two eligible convictions, no more than one of which may be a felony, after at least 10 years have passed since sentencing or release from incarceration. A DWI is not on the statute's list of categorically excluded offenses, which covers sex offenses under Penal Law article 130, offenses under Penal Law article 263, any offense that requires sex offender registration under Correction Law article 6-C, violent felonies under Penal Law 70.02, class A felonies, homicide felonies under Penal Law article 125, a felony conspiracy under Penal Law article 105 where the underlying offense is not eligible, and a felony attempt to commit an offense that is not eligible. A misdemeanor DWI can therefore be eligible if the person meets every requirement and a judge grants the application. Sealing is discretionary, it is not automatic, and a sealed DWI still appears on the DMV driving record and still counts as a prior for the 10-year look-back.
What to do after a DWI arrest in New York
A New York DWI creates two matters at once: a criminal case in court and an administrative license matter at the DMV, including a separate refusal hearing if you declined the chemical test. The deadlines move quickly, and a suspension can take effect at arraignment, so many people gather the arrest paperwork, the chemical test results, and any DMV notices right away. The criminal case proceeds on its own schedule from arraignment through pretrial and resolution. General information cannot tell you how your case will come out, since the outcome depends on the specific facts, the evidence, and your record. To cover both tracks, ask a New York DWI lawyer for a free consultation on the court case, DMV case, and any refusal hearing (attorney advertising).
More New York Laws
Frequently Asked Questions
What is the BAC limit in New York?
The per se limit for misdemeanor DWI is 0.08 percent BAC under Vehicle and Traffic Law 1192(2). The lesser DWAI infraction has no per se number and can be charged on proof of impairment at any BAC above 0.05 percent and below 0.08 percent. Commercial drivers are limited to 0.04 percent and drivers under 21 to 0.02 percent.
What is the difference between DWI and DWAI in New York?
DWI is the crime of driving with a BAC of 0.08 percent or more, a misdemeanor. DWAI by alcohol is a lesser traffic infraction that turns on proof of impairment rather than a set number, and it reaches any BAC above 0.05 percent and below the 0.08 percent DWI line, with smaller fines, a shorter 90-day suspension, and no mandatory interlock.
How long do you lose your license for a first DWI in New York?
A first DWI conviction means a license revocation of at least six months. A first Aggravated DWI at 0.18 percent or more means a revocation of at least one year. After the period ends, you must apply to the DMV to be relicensed.
Is a first DWI a felony in New York?
No. A first DWI is a misdemeanor. It becomes a class E felony on a second DWI within 10 years and a class D felony on a third within 10 years, or a felony at any time if it involves a child passenger under Leandra's Law or causes serious injury or death.
Do you need an interlock for a first DWI in New York?
Yes. Under Leandra's Law, the court must order an ignition interlock device for at least 12 months for any DWI or Aggravated DWI conviction, including a first offense, though the restriction can end early once the driver proves at least six months of compliance. The lesser DWAI infraction does not require an interlock.
What happens if you refuse a breathalyzer in New York?
Refusing the chemical test triggers a license revocation of at least one year plus a $500 civil penalty on a first refusal, separate from the DWI case. The revocation is longer than the six-month DWI revocation, and the refusal can be used as evidence in court.
How long does a DWI stay on your record in New York?
A DWI counts as a prior for the 10-year look-back period and stays on the DMV driving record for years. The criminal conviction can remain indefinitely, since New York has no expungement, though a misdemeanor DWI may be sealable under CPL 160.59 after 10 years.
What is the look-back period for DWI in New York?
New York uses a 10-year look-back period. A second DWI within 10 years is a class E felony and a third within 10 years is a class D felony, and three alcohol-related convictions or refusals within 10 years can lead to permanent revocation.
Updates
Corrected the DWAI description: New York's driving while ability impaired offense sets no per se BAC number and can reach any reading above 0.05 percent up to the 0.08 percent DWI line, and expanded the list of convictions that cannot be sealed under CPL 160.59.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected the ignition interlock minimum under Leandra's Law from six months to the statutory 12-month floor (with six months re-anchored as the early-termination threshold, not the mandatory minimum) across the KeyTakeaways, summary table, dedicated section, and FAQ; and corrected the repeat-offense revocation figure so the 18-month minimum applies only when Aggravated DWI is involved, with an ordinary repeat DWI carrying a 1-year minimum.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New York Vehicle and Traffic Law
§ 1192Operating a motor vehicle while under the influence of alcohol or drugsIn forcecited in 2 of our articles
Operating a motor vehicle while under the influence of alcohol or drugs. 1. Driving while ability impaired. No person shall operate a motor vehicle while the person's ability to operate such motor vehicle is impaired by the consumption of alcohol. 2. Driving while intoxicated; per se. No person shall operate a motor vehicle while such person has .08 of one per centum or more by weight of alcohol in the person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva, made pursuant to the provisions of section eleven hundred ninety-four of this article. 2-a. Aggravated driving while intoxicated. (a) Per se. No person shall operate a motor vehicle while such person has .18 of one per centum or more by weight of alcohol in such person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva made pursuant to the provisions of section eleven hundred ninety-four of this article. (b) With a child. No person shall operate a motor vehicle in violation of subdivision two, three, four or four-a of this section while a child who is fifteen years of age or less is a passenger in such motor vehicle. 3. Driving while intoxicated.
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 2,047 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- People v. Mertz (New York Court of Appeals 1986, 68 N.Y.2d 136)“…conviction, the majority holds that in a prosecution under Vehicle and Traffic Law § 1192 (2) the results of a breathalyzer test…”
- People v. Hilker (Appellate Division of the Supreme Court of the State of New York 1987, 133 A.D.2d 986)“…ehicle while under the influence of alcohol, a misdemeanor (Vehicle and Traffic Law § 1192 [2]). After a jury trial, following a d…”
- People v. Fratangelo (New York Court of Appeals 2014, 23 N.Y.3d 506)“…th names can be confusing. The “per se” crime is defined by Vehicle and Traffic Law § 1192 (2) as driving while the driver “has .0…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New York E-Scooter Laws: Sidewalk, Helmet & Age Rules (2026)
§ 1193SanctionsIn force
Sanctions. 1. Criminal penalties. (a) Driving while ability impaired. A violation of subdivision one of section eleven hundred ninety-two of this article shall be a traffic infraction and shall be punishable by a fine of not less than three hundred dollars nor more than five hundred dollars or by imprisonment in a penitentiary or county jail for not more than fifteen days, or by both such fine and imprisonment. A person who operates a vehicle in violation of such subdivision after having been convicted of a violation of any subdivision of section eleven hundred ninety-two of this article within the preceding five years shall be punished by a fine of not less than five hundred dollars nor more than seven hundred fifty dollars, or by imprisonment of not more than thirty days in a penitentiary or county jail or by both such fine and imprisonment.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 238 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- People v. Prescott (New York Court of Appeals 2001, 95 N.Y.2d 655)“…is accorded its own criminal punishment (see, Vehicle and Traffic Law § 1193 [1] [a], [b], [c]). Violations incurred…”
- People v. DeRojas (Appellate Terms of the Supreme Court of New York 2003, 196 Misc. 2d 171)“…sition, and his driver’s license was suspended, pursuant to Vehicle and Traffic Law § 1193 (2) (e) (7), at his arraignment. Four d…”
- People v. Letterlough (New York Court of Appeals 1995, 86 N.Y.2d 259)“…' probation and fined $500, his license was revoked ( see , Vehicle and Traffic Law § 1193 [2]), and he was ordered to obtain alco…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 1195Chemical test evidenceIn force
Chemical test evidence. 1. Admissibility. Upon the trial of any action or proceeding arising out of actions alleged to have been committed by any person arrested for a violation of any subdivision of section eleven hundred ninety-two of this article, the court shall admit evidence of the amount of alcohol or drugs in the defendant's blood as shown by a test administered pursuant to the provisions of section eleven hundred ninety-four of this article. 2. Probative value. The following effect shall be given to evidence of blood-alcohol content, as determined by such tests, of a person arrested for violation of section eleven hundred ninety-two of this article: (a) Evidence that there was .05 of one per centum or less by weight of alcohol in such person's blood shall be prima facie evidence that the ability of such person to operate a motor vehicle was not impaired by the consumption of alcohol, and that such person was not in an intoxicated condition; (b) Evidence that there was more than .05 of one per centum but less than .07 of one per centum by weight of alcohol in such person's blood shall be prima facie evidence that such person was not in an intoxicated condition, but such…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 57 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- People v. Fratangelo (New York Court of Appeals 2014, 23 N.Y.3d 506)“…[e]vidence” entitled to the “[probative value” specified by Vehicle and Traffic Law § 1195 (2). This question can best be answered…”
- People v. Victory (Criminal Court of the City of New York 1995, 166 Misc. 2d 549)“…People will not be entitled to the statutory presumption of Vehicle and Traffic Law § 1195 (1) that BAG tests properly administere…”
- Matter of Duckman (New York Court of Appeals 1998, 92 N.Y.2d 141)“…itutes prima facie evidence of driving while impaired (see, Vehicle and Traffic Law § 1195), but maintained that “it’s not illegal…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
New York Criminal Procedure Law
§ 160.59Sealing of certain convictionsIn forcecited in 3 of our articles
Sealing of certain convictions. 1. Definitions: As used in this section, the following terms shall have the following meanings: (a) "Eligible offense" shall mean any crime defined in the laws of this state other than a sex offense defined in article one hundred thirty of the penal law, an offense defined in article two hundred sixty-three of the penal law, a felony offense defined in article one hundred twenty-five of the penal law, a violent felony offense defined in section 70.02 of the penal law, a class A felony offense defined in the penal law, a felony offense defined in article one hundred five of the penal law where the underlying offense is not an eligible offense, an attempt to commit an offense that is not an eligible offense if the attempt is a felony, or an offense for which registration as a sex offender is required pursuant to article six-C of the correction law. For the purposes of this section, where the defendant is convicted of more than one eligible offense, committed as part of the same criminal transaction as defined in subdivision two of section 40.10 of this chapter, those offenses shall be considered one eligible offense.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Mills v. Steuben Foods, Incorporated (District Court, W.D. New York 2024)“…hat Plaintiff’s conviction records were sealed pursuant to N.Y.Crim.Proc. Law § 160.59, again Plaintiff’s averment is based o…”
- McGill v. Buzzelli (District Court, W.D. New York 2020)“…he Court in which he raises concerns about New York Criminal Procedure Law § 160.59 (“C.P.L. § 160.59”).1 He asser…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New York Expungement Laws: Record Sealing and the Clean Slate Act, New York Court Records: How to Search eCourts, the $95 CHRS Fee, and Both Sealing Tracks
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Sources and References
- New York Vehicle and Traffic Law 1192, DWI and DWAI offenses (0.08% per se, 0.05-0.07% DWAI, 0.18% aggravated)(nysenate.gov).gov
- New York Vehicle and Traffic Law 1193, DWI sanctions, felony enhancement, and 10-year look-back(nysenate.gov).gov
- New York DMV, penalties for alcohol or drug-related violations (fines, revocation, refusal)(dmv.ny.gov).gov
- New York DCJS, FAQ on DWI and Leandra's Law (mandatory ignition interlock, child-passenger felony)(criminaljustice.ny.gov).gov
- New York Criminal Procedure Law 160.59, sealing of certain convictions after 10 years(nysenate.gov).gov
- NHTSA, drunk driving and the 0.08% federal BAC standard(nhtsa.gov).gov
- New York Vehicle and Traffic Law 1195 - Chemical test evidence; effect of blood alcohol content on proof of impairment and intoxication(nysenate.gov)
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