New York Implied consent – administrative / civil penalty for refusal
- First refusal $500 civil penalty; driver’s license revoked for at least one year.
- Refusal within five years of prior refusal or conviction $750 civil penalty; driver’s license revoked for at least 18 months. N.Y. Vehicle and Traffic Law § 1194(2)(d).
New York Implied consent – criminal penalty for refusal
New York DUI Conviction – administrative / civil penalty (license suspension, use of IID)
- First conviction driver’s license suspended for at least six months.
- Second conviction within 10 years driver’s license revoked for at least one year.
- Third conviction within 10 years driver’s license revoked for at least one year. N.Y. Vehicle and Traffic Law § 1193(2).
- For an aggravated DWI offense or any repeat alcohol or drug offense within five years, a judge is required to order an IID on each vehicle owned or operated by the motorist during both the revocation period and any probation period that follows.
New York DUI Conviction – criminal penalties (jail sentence, fines, community service)
- First conviction jail sentence up to one year; fine of $500- $1,000.
- Second conviction within 10 years Class E felony; jail sentence up to four years; fine of $1,000-$5,000.
- Third conviction within 10 years Class D felony; jail sentence of up to seven years; fine of $2,000-$10,000.
- Fourth or subsequent conviction within 15 years Class D felony; jail sentence up to seven years; fine of $2,000-$10,000. N.Y. Vehicle and Traffic Law § 1193(1).
- Additional criminal penalties for causing serious physical injury or death while committing a violation. N.Y. Vehicle and Traffic Law § 1192(12).
Child endangerment
- It is an aggravated offense to commit a violation while a child age 15 or under is a passenger in the vehicle. N.Y. Vehicle and Traffic Law § 1192(2-a)(b).
Penalties for alcohol or drug-related violations*
In New York State, the penalties for an alcohol or drug-related violation include the loss of driving privileges, fines, and a possible jail term.
| Violation | Mandatory Fine | Maximum Jail Term |
Mandatory Driver License Action |
| Aggravated Driving While Intoxicated (AGG DWI) | $1,000 – $2,500 | 1 year | Revoked for at least one year |
| Second AGG DWI in 10 years (E felony) | $1,000 – $5,000 | 4 years | Revoked for at least 18 months |
| Third AGG DWI in 10 years (D felony) | $2,000 – $10,000 | 7 years | Revoked for at least 18 months |
| Driving While Intoxicated (DWI) 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 DWI or DWAI-Drug violation in 10 years (E felony) | $1,000 – $5,000 | 4 years | Revoked for at least one year |
| Third DWI or DWAI-Drug violation in 10 years (D felony) | $2,000 – $10,000 | 7 years | Revoked for at least one year |
| Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination) | $500 – $1,000 | 1 year | Revoked for at least six months |
| Second DWAI-Combination in 10 years (E felony) | $1,000 – $5,000 | 4 years | Revoked for at least one year |
| Third DWAI-Combination in 10 years (D felony) | $2,000 – $10,000 | 7 years | Revoked for at least one year |
| Driving While Ability Impaired by Alcohol (DWAI) | $300 – $500 | 15 days | Suspended for 90 days |
| Second DWAI violation in 5 years | $500 – $750 | 30 days | Revoked for at least six months |
| Third or subsequent DWAI within 10 years (Misdemeanor) | $750 – $1,500 | 180 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, 18 months for commercial drivers. |
| 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, one-year or until age 21 for drivers under age 21, permanent CDL revocation for commercial drivers. |
| Chemical Test Refusal – Zero Tolerance Law |
$300 civil penalty and $100 re-application fee | None | Revoked for at least one year. |
| Chemical Test Refusal – Second or subsequent Zero Tolerance Law |
$750 civil penalty and $100 re-application fee | None | Revoked for at least one year. |
| Driving Under the Influence (Out-of-State) | N/A | N/A | Revoked for 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 for at least 90 days (longer term with certain prior offenses). If less than 21 years of age, revoked at least one year or until age 21 (longest term). |
