Being charged with DWI (Driving While Intoxicated) or DUI (Driving Under the Influence) in New York can lead to severe legal consequences, including fines, license suspension, and even jail time. Understanding the differences between these charges, the potential penalties, and how to fight them is crucial to protecting your future.
New York law recognizes both DWI and DUI, but there are important distinctions:
| Charge | Definition | Key Legal Standard |
|---|---|---|
| DWI (Driving While Intoxicated) | Operating a vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher. | Criminal offense in NY with severe penalties. |
| DUI (Driving Under the Influence) | A broader term covering impairment due to alcohol, drugs, or prescription medication. BAC may be below 0.08%. | Less common in NY but still carries legal consequences. |
| Aggravated DWI | Driving with a BAC of 0.18% or higher. | Stricter penalties, including longer license revocation and higher fines. |
Did you know? Even if your BAC is below 0.08%, you can still be charged if officers believe your ability to drive was impaired.
DWI/DUI Arrests & Convictions in New York (2023)
If you’ve been charged with DWI/DUI, having a strong legal defense can significantly impact the outcome of your case.
New York imposes strict penalties for impaired driving, especially for repeat offenders:
| Offense | Fine | License Suspension/Revocation | Jail Time |
|---|---|---|---|
| First DWI | Up to $1,000 | 6-month suspension | Up to 1 year |
| Second DWI | Up to $5,000 | 1-year revocation | Up to 4 years |
| Third DWI (Felony) | Severe fines | Permanent Revocation | Lengthy prison time |
| Aggravated DWI | Higher fines & penalties | Longer license revocation | Mandatory jail time |
Were you injured in an accident involving an impaired driver? Learn how to file a claim in our guide on Understanding Personal Injury Claims: How to Maximize Your Compensation.
A DWI or DUI charge doesn’t always mean a conviction—with the right legal strategy, charges can be reduced or dismissed.
Involved in an accident where the other driver was impaired? Learn what steps to take in our guide on What to Do After a Car Accident in NYC, Long Island & The Hamptons.
New York’s DWI laws are complex, but an experienced attorney can:
People v. Smith (2022) – A defendant charged with Aggravated DWI (BAC 0.19%) had their charges reduced to a DWAI (Driving While Ability Impaired) after their lawyer successfully challenged the breathalyzer calibration and questioned the legality of the traffic stop.
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