What is DUI?

Driving While Intoxicated (DUI) or DWI is a crime. In New York StateYS, the penalties include the loss of driving privileges, fines, and a possible jail term.

Your judgment, coordination and ability to drive a vehicle change when you consume any amount of alcohol. The level of impairment depends on five conditions:

There is no quick method to become sober. The best method is to wait until your body absorbs the alcohol. The average rate that your body processes alcohol is approximately one drink per hour.

What are the alcohol and drug-related violations in New York State?

BAC = blood alcohol concentration

• DUI:  Driving While Intoxicated; .08 BAC or higher or other evidence of intoxication.
• Aggravated DUI: Aggravated Driving While Intoxicated: .18 BAC or higher.
• DUAI/Alcohol:  Driving While Ability Impaired (by alcohol); .05 BAC to .07 BAC, or other evidence of impairment.
• DUAI/Drug:  Driving While Ability Impaired by a single Drug other than alcohol.
• DUAI/Combination:  Driving While Ability Impaired by a the Combined Influence or Drugs or Alcohol.
• Chemical Test Refusal:  A driver who refuses to take a chemical test (normally a test of breath, blood or urine) can receive a driver license revocation of at least one year and must pay a $500 civil penalty ($550 for a driver of commercial vehicles) to apply for a new driver license. A driver who refuses a chemical test during the five years after a DWI-related charge will have their driver license revoked for at least 18 months and must pay a $750 civil penalty to apply for a new driver license.
• Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law.

Ask your New York DUI Lawyer What are the penalties for Alcohol-related or Drug-related Violations?

New York State

Penalties for Alcohol-related and Drug-related Violations
Violation (1)	Mandatory Fine (2)	Maximum Jail Term	Mandatory Driver License Action (3)
Aggravated Driving While Intoxicated (A-DUI)	$1,000 - $2,500	1 year	Revoked for at least one year
Second A-DUI (DWI) in 10 years (E felony)(1)	$1,000 - $5,000	4 years	Revoked for at least 18-months (5)
Third A-DUI (DWI)in 10 years (D felony)(1)	$2,000 - $10,000	7 years	Revoked for at least 18-months (4,5)
Driving While Intoxicated (DUI) or Driving While Impaired by a Drug (DWAI-Drug)	$500 - $1,000	1 year	DWI-Revoked for at least six months DWAI-Drugs - Suspended for at least six months
Second DUI/DWAI-Drug violation in 10 years (E felony)(1)	$1,000 - $5,000	4 years	Revoked for at least one year
Third DUI/DWAI-Drug violation in 10 years (D felony)(1)	$2,000 - $10,000	7 years	Revoked for at least one year (4)
Driving While Ability Impaired by a Combination of Alcohol/Drugs (DUAI-Combination)	$500 - $1,000	1 year	Revoked for at least six months
Second DUAI/Combination in 10 years (E felony)(1)	$1,000 - $5,000	4 years	Revoked for at least one year/18 months (5)
Third DUAI/Combination in 10 years (D felony)(1)	$2,000 - $10,000	7 years	Revoked for at least one year/18 months (4,5)
Driving While Ability Impaired by Alcohol (DUAI)	$300 - $500	15 days	Suspended for 90 days
Second DUAI violation in 5 years	$500 - $750	30 days	Revoked for at least six months
Zero Tolerance Law	$125 civil penalty and $100 fee to terminate suspension	None	Suspended for six months
Second Zero Tolerance Law	$125 civil penalty and $100 re-application fee	None	Revoked for one year or until age 21
Chemical Test Refusal	$500 civil penalty ($550 for commercial drivers)	None	Revoked for at least one year
Chemical Test Refusal within five years of a previous DWI-related charge/Chemical Test Refusal	$750 civil penalty	None	Revoked for at least 18 months
Chemical Test Refusal - Zero Tolerance Law	$300 civil penalty and $50 re-application fee	None	Revoked for at least one year.
Chemical Test Refusal - Second or subsequent Zero Tolerance Law	$750 civil penalty and $50 re-application fee	None	Revoked for at least one year.
Driving Under the Influence - (Out-of-State)	N/A	N/A	Revoked at least 90 days. If less than 21 years of age, revoked at least one year.
Driving Under the Influence - (Out-of State) with any previous alcohol-drug violation	N/A	N/A	Revoked at least 90 days. If less than 21 years of age, revoked at least one year or until age 21 (longest term).