Drunk driving charges, consequences and penalties are potentially serious in New York state. Individuals facing drunk driving charges, however, may wonder just how serious the potential penalties they are facing are. There are a number of alcohol-related violations drivers may be charged with in New York and potential penalties associated with each.

An individual may be charged with Driving While Intoxicated (DWI) if they are alleged to have a blood alcohol content level of 0.08 or greater. Penalties can include up to a year in jail; a fine ranging from $500 to $1,000; and a revoked or suspended license for at least six months depending on if the alleged offense was related to alcohol or drugs. In addition, drivers who are alleged to have a 0.18 blood alcohol content level or higher may be charged with Aggravated Driving While Intoxicated which can carry even more serious potential penalties and consequences including up to one year in jail; a fine ranging from $1,000 to $2,500; and driver’s license revocation for at least a year.

Penalties can increase sharply following additional drunk driving charges. A second DWI charge in 10 years carries potential penalties including up to 4 years in prison; a fine ranging from $1,000 to $5,000; and driver’s license suspension for at least one year. A third DWI charge in 10 years carries potential penalties including up to 7 years in prison; a fine ranging from $2,000 to $10,000; and a driver’s license revocation for at least one year. Likewise, penalties for Aggravated Driving While Intoxicated also increase if a driver is facing additional Aggravated DWI charges in a 10-year period.

New York also has chemical test refusal laws, among other impaired driving laws, that carry significant potential penalties and consequences if a driver refuses to submit to a chemical test. Because of the serious nature of all drunk driving charges, it is important that drivers are educated about the potential penalties and consequences of drunk driving allegations, as well as the legal rights and protections available to those accused of drunk driving.

Source: New York Department of Motor Vehicles, “Penalties for alcohol or drug-related violations,” Accessed Nov. 4, 2015