A DWI conviction hits hard. You can face steep fines, lose your license for months or even years, complete community service or court-ordered sobriety programs, and in serious cases, spend time in jail. You may also have to put a breathalyzer interlock device in your car. On top of all that, your insurance premiums will likely jump.
Penalties climb with each conviction. Judges pay close attention to aggravating circumstances such as reckless driving or a very high BAC, and those details can push a sentence far beyond the minimum.
Because DWI penalties disrupt everyday life, you want to fight the charges whenever possible. Just because such a charge may be your first doesn’t mean you should accept it without challenge, even if the odds appear to be stacked against you. An experienced DWI lawyer can use various legal tools and strategies to challenge the evidence and the strength of the case against you.
If you’ve been charged with a DWI or DWAI in New York, the team at The Kugel Law Firm is ready to help. Our New York DWI lawyers can provide experienced legal guidance and representation aimed at reducing your charges, minimizing penalties, or potentially avoiding a DWI on your record. Contact us today at (212) 372-7218 to schedule a consultation and move forward in achieving a more favorable outcome.
Defining DWI, DWAI, and DUI Under New York Law
You’ll hear three labels tossed around when people talk about drunk or drug-impaired driving in New York: DWI, DWAI, and DUI. They don’t all mean the same thing, and your next steps depend on knowing the difference.
DWI
DWI stands for “Driving While Intoxicated.” This offense applies to drivers who operate a vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher, aligning with the state’s legal threshold for intoxication. The law treats such violations with serious concern, often resulting in significant legal consequences.
DWAI
DWAI refers to “Driving While Ability Impaired,” covering cases where a driver’s BAC is below 0.08%, but there is still evidence of impairment due to alcohol or drugs. Your test might read 0.05, yet your speech slurs, or your steering wanders. Officers see impaired driving ability and act on it. Penalties are lighter than a full DWI but still painful, and they rise fast if a crash or injury follows.
DUI
The term DUI, or “Driving Under the Influence,” is not officially used in New York law. It generally refers to impairment from any intoxicating substances, such as alcohol and drugs. New York focuses on DWI and DWAI as the primary offenses related to impaired driving, depending on the specifics of the case.
Each charge carries its own mix of fines, points, and possible jail time. Knowing exactly which one you face helps you gather paperwork, plan your defense, and protect your license as much as possible. Acting quickly makes a difference, so consider seeking guidance from a knowledgeable legal professional in New York right away.
New York DWI Lawyer
Rachel Kugel
Rachel Kugel leads The Kugel Law Firm with a commitment to helping individuals charged with Driving While Intoxicated or Driving Under the Influence of Drugs. She and her team focus entirely on this area of law and work with determination and care for each client.
Rachel is an active member of the National College of DWI Defense and the DUI Defense Lawyers Association. Her work has been recognized through multiple invitations to speak at legal industry events hosted by AVVO, the NJ Bar Association, and Garden State CLE. She has also been named a Rising Star SuperLawyer for three consecutive years and holds a strong rating on AVVO, reflecting both professional performance and client feedback.
Penalties for DWI in New York
New York state has two different types of charges for impaired driving: a DWI (Driving While Intoxicated) and a DWAI (Driving While Ability Impaired). To be charged with a DWI, your BAC must be 0.08% or higher. A DWAI by alcohol involves a BAC of 0.05%–0.07% or observed impairment. If your BAC is less than 0.08% but you fail a field sobriety test or you show other signs of intoxication, you could be charged with a DWAI.
New York will also automatically revoke your driver’s license for a minimum of 6 months after a DWI conviction, even if it’s your first offense.
- For DWAI offenses, you face a suspension of 90 days plus fines between $300 and $500, surcharges and fees, classes, and up to 15 days in jail. A DWAI is a violation, not a crime, and will not give you a criminal record.
- A DWI offense carries fines between $500 and $1,000, jail time for up to 1 year, and up to 3 years of probation. Additionally, you will be required to install and maintain an ignition interlock device (IID) in any vehicle you own or operate for at least 12 months. There are also classes, surcharges, and fees. You will also have a criminal record.
- For a second DWI offense within 10 years of the first, the charge becomes a Class E felony that can result in a fine of up to $5000 and prison time for up to 4 years. Your driver’s license will also be revoked for at least 1 year.
- An aggravated DWI offense involves a BAC of 0.18% or higher and carries a fine of $1,000 to $2,500, up to one year in jail, and your license will be revoked for at least 1 year.
- Refusing a chemical test, such as a blood, breathalyzer, or urine test, results in fines and revocation of your driver’s license in NY for 1 year (or 18 months for subsequent offenses).
Depending on the facts of your case and the strength of the evidence against you, your attorney may have strategies and options to reduce or eliminate your charges. For anyone facing such legal challenges, taking prompt action is crucial.
| Offense Type | Key Penalties | License Impact |
|---|---|---|
| DWAI (0.05–0.07% BAC) | $300–$500 fine, up to 15 days in jail, classes, surcharges/fees | 90‑day suspension (violation, not a crime) |
| DWI (≥0.08% BAC, 1st offense) | $500–$1,000 fine, up to 1 year jail, up to 3 years probation, IID for 12 months | License revoked for at least 6 months |
| Second DWI (within 10 years) | Up to $5,000 fine, up to 4 years prison (Class E felony) | License revoked for at least 1 year |
| Aggravated DWI (≥0.18% BAC) | $1,000–$2,500 fine, up to 1 year jail | License revoked for at least 1 year |
| Refusing Chemical Test | Civil penalties/fines | License revoked 1 year (18 months for repeat refusal) |
Financial Consequences of a DWI in New York
A DWI conviction in New York does more than put points on your record; it opens a long-running tab. The first charge is the Driver Responsibility Assessment, a separate bill that arrives after the case closes. You must pay $250 each year for three years ($750 total), and the Department of Motor Vehicles can suspend your license the moment one installment is late. This fee is mandated by New York Vehicle and Traffic Law and stacks on top of any court fine or surcharge already imposed.
Next comes the insurance hit. Recent market data shows companies raise rates by about 49% after a DWI. A driver paying $2,000 a year before the arrest could find the bill jumping to roughly $3,000 and staying there for at least three policy cycles. Some carriers refuse to renew, forcing you into high-risk markets that charge even more. The longer the lapse between conviction and clean driving, the sooner those rates begin to edge back down, but it is seldom quick.
Add the assessment, higher premiums, ignition-interlock fees, and missed work, and a single DWI costs thousands beyond the courtroom fine. Every day off work and license restrictions add more unplanned costs. A New York DWI attorney can contest the charge, negotiate a reduction, or identify procedural mistakes that might get the case dismissed, helping you limit or even avoid these lingering financial blows.
Get Experienced Legal Guidance and Representation at The Kugel Law Firm Today
Facing a DWI charge can feel overwhelming, especially considering the serious repercussions it can have. At The Kugel Law Firm, our attorneys are well-versed in New York DWI laws and dedicated to defending the rights of our clients. We can thoroughly analyze every aspect of the case, from the evidence presented against them to the procedures followed during their arrest, to craft a compelling defense strategy. Our aim is to reduce or get the charges dismissed, thereby lessening the potential penalties. Contact us today at (212) 372-7218 to schedule a consultation.
