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Drivers convicted of driving under the influence in New York are subject to serious penalties. Depending on the circumstances, even a first offense can carry up to 15 days in jail.

Before getting behind the wheel, familiarize yourself with New York’s specific DUI crimes and their consequences.

Types of DUI

Like most states, New York considers a driver intoxicated when he or she has a measured blood alcohol content of at least 0.08%, 0.04% for a driver who has a commercial license and 0.02% for a driver younger than 21. An aggravated DUI, defined as a BAC of at least 0.18%, carries increased penalties. The state also imposes charges for driving while ability impaired, which occurs when a driver has a BAC of 0.05% to 0.07%.

DUI legal consequences

Maximum penalties for the most common New York DUI crimes include the following:

  • First DWAI offense: $500 fine, 15 days in jail and 90-day license suspension
  • Second DWAI in five years: $750 fine, 30 days in jail and minimum six-month license revocation
  • Third DWAI in 10 years, $1,500 fine, 180 days in jail and minimum six-month license suspension
  • First DWI offense: $1,000 fine, one year in jail and minimum six-month license revocation
  • Second DWI in 10 years: $5,000 fine, four years in jail and at least one-year license revocation
  • Third DWI in 10 years; $10,000 fine, seven years in jail and minimum one-year license revocation
  • Aggravated DWI: $2,500 fine, one year in jail and minimum 1-year license revocation
  • Second aggravated DWI in 10 years: $5,000 fine, four years in jail and minimum 18-month license revocation
  • Third aggravated DWI in 10 years: $10,000 fine, seven years in jail and minimum 18-month license revocation

Drivers who refuse to take a breath or blood test after a DUI arrest will receive a $500 penalty and one-year license suspension in addition to other penalties. These penalties increase with subsequent refusals.