Skip to Content
The Consequences Of A DWI Conviction In New York

The Consequences of a DWI Conviction in New York

The recent arrests of two prominent New Yorkers for DWI have again brought to attention the potential consequences of a DWI conviction. One was the arrest of the wife of Maurice Hinchley, the retiring Congressman from New York’s 22nd District, who was allegedly driving with a blood alcohol concentration of 0.14 and texting when she rear-ended another vehicle. The other arrest concerned a New York prosecutor who was fired after questions arose regarding whether she received special treatment because of her position.

Individuals who are prominent in the community do face additional scrutiny for their DWI arrests, but everyone faces potentially stiff penalties for a DWI conviction.

First-Time DWI Offense

Anyone arrested for DWI with a BAC of 0.08 percent or higher will be subject to both civil and criminal penalties. For drivers over the age of 21, there is a minimum license revocation of 6 months. In addition, the driver will receive a fine of $500 to $1,000 that does not include a mandatory conviction surcharge or crime victim’s assistance fee. Jail time of up to a year is also possible, and or three years probation. A DWI conviction will also raise insurance premiums. Finally, because of Leandra’s Law, passed in 2010, drivers convicted even of a first-time DUI will be required to install an ignition interlock device, which tests the alcohol level of the driver periodically to ensure the driver has not been drinking.

There are more severe penalties if you are convicted of an aggravated DWI (a .18 BAC or above). The license revocation is one year and the maximum fine increases to $2,500. Any driver who is under 21 will face a one-year revocation even if they are convicted of any drinking and driving offense (including DWAI, or better known as an “impaired”).

Second or Subsequent Offense

If a driver gets a second or subsequent DWI within 10 years of the first offense, the penalties ratchet up enormously. The crime increases from a misdemeanor to a felony. 

What Happens if You Get 2 DWIs in NY?

In New York, a second DWI offense within ten years of the first conviction is a felony. Penalties include: 

  • A fine of $1,000–$5,000
  • Up to four years in jail
  • A minimum one-year license suspension
  • An ignition interlock device installed on your car
  • Mandatory alcohol education or treatment programs
  • Probation
  • Community service
  • License revocation for at least 18 months

On a felony DWI, you can do up to a year in jail and 5 years probation to run consecutive to the jail time.

Contact Us for Your Consultation

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy

How Are We Different?

Lerner & Lerner, P.C. is here to help you get the results you need with a team you can trust.

  • Proven Track Record
    Our attorneys are well-known for helping clients identify realistic legal goals and obtain them. We have successfully handled thousands of cases for our clients and will fight tirelessly to ensure your rights are protected.
  • A Trusted Source
    Kimberly Lerner is widely recognized in the news media as a trusted authority on numerous legal topics. She is a featured legal correspondent on a variety of national news programs.
  • Award-Winning Lawyers
    Both Richard Lerner and Kimberly Lerner hold the AV Preeminent* rating from Martindale-Hubbell, the highest distinction given to lawyers in this prestigious peer review.
  • Former Prosecutors
    Our experience as Former Prosecutors allows us to understand the prosecution’s position against our criminal defense clients and leverage practical solutions. We are also backed by 70 years of combined legal experience.