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Penalties for Violation of the New York State Vehicle and Traffic Laws and the Penal Code

Penalties for driving while intoxicated/ impaired by alcohol or drugs or a combination of drugs, or alcohol and other drugs are listed below. This list only gives the minimum sanctions applicable.

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  1. Refusing chemical test: License revocation for at least 1 year. Fine at least $500.
  2. Refusing chemical test within 5 years of a previous DWI-related charge. License revocation for at least 18 months. Fine at least $750
  3. Refusing chemical test by drivers of commercial vehicle. License revocation for at least 18 months. Fine at least $550.
  4. Refusing chemical test within 5 years of a previous DWI-related charge by drivers of commercial vehicles. Permanent license revocation of CDL. Fine $750
  5. Refusing chemical test by drivers under 21 years. License revocation for 1 year. Fine at least $400.
  6. Refusing chemical test within 5 years of a previous DWI-related charge by drivers under 21. License revocation of at least 1 year. Fine of at least $750.
  7. Driving while ability impaired (DWAI). License suspension for 90 days. Fine of at least $300. Imprison for 15 days.
  8. DWAI by drivers under 21. License suspension for at least 1 year. Fine of at least $500.
  9. Driving while intoxicated (DWI); per se. License revocation for 6 months. Fine of at least $500.
  10. DWI by drivers under 21. License revocation for at least 1 year. Fine of at least $500.
  11. Aggravated DWI. License revocation for at least 1 year. Imprisonment for up to 1 year. Fine of at least $ 1000.
  12. DWAI by a combination of drugs, or alcohol and drugs. License suspension for at least 6 months. Imprisonment for up to 1 year. Fine at least $500.
  13. DWAI by a combination of drugs or alcohol and drugs for drivers under 21. License suspension for at least 1 year. Imprisonment for up to 1 year. Fine at least $500.
  14. Driver responsibility assessment (DRA). Aggravated-DWI, DWAI, or chemical test refusal. Fine $750 ($250 / year for 3 years).
  15. Zero Tolerance for drivers under 21 (any measurable BAC). License suspension for at 6 months. Fines of at least $225.
  16. Leandra’s Law. Committing an alcohol-related offense with a child in the vehicle. Class E felony. Imprisonment up to 4 years.
  17. DWI or Aggravated-DWI Offenses: A driver who is convicted of DWI, Aggravated DWI or another Alcohol-Related Offense must install and maintain an Ignition Interlock Device on any vehicle owned or operated by the driver for at least 1 year. The driver must pay the cost of installing and maintaining the device.
  1. Vehicular Assault in the Second Degree. Class E Felony. Imprisonment of up to 4 years.
  2. Vehicular Assault in the First Degree. Class D Felony. Imprisonment of up to 7 years.
  3. Aggravated Vehicular Assault. Class C Felony. Imprisonment of up to 15 years.
  4. Criminally Negligent Homicide. Class E Felony. Imprisonment of up to 4 years.
  5. Vehicular Manslaughter in the Second Degree. Class D Felony. Imprisonment of up to 7 years.
  6. Vehicular Manslaughter in the First Degree. Class C Felony. Imprisonment of up to 15 years.
  7. Aggravated Vehicular Homicide. Class B Felony. . Imprisonment of up to 25 years.

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