AutoInsurance.com is supported by commissions from providers listed on our site. Read our Editorial Guidelines.

Find Your Perfect Policy: 866-843-5386

Last updated: September 19, 2024

Getting Car Insurance in New York State With a DUI

Plus, the penalties for driving while intoxicated in the Empire State

Share
Twitter brand
Facebook brand
Linkedin brand
Reddit brand
Envelop icon

In 2021, 34 percent of fatal motor vehicle crashes in New York state involved intoxicated driving, meaning an involved driver had a blood alcohol concentration (BAC) of 0.08 percent or higher, according to National Highway Traffic Safety Administration data.

Given that drunk driving makes up more than a third of all fatal crashes, New York has strict laws regarding DWI (driving while intoxicated), especially if you’re under 21. On top of the potential fines, jail terms, and license revocations or suspensions you can face, you may see your auto insurance premium rise with a DWI on your record. But first, let’s go over the penalties for a DWI in the Empire State.

DUI Laws in New York

New York actually uses the abbreviation DWI instead of DUI, which means driving under the influence versus driving while intoxicated.

Penalties

You shouldn’t be surprised to learn that in New York, you’ll face serious consequences for DWI even if it’s your first offense. However, the penalties for DWI increase for a second and subsequent offenses that occur within 10 years of the first offense or for drivers under the age of 21.1

Definition and penalties by charge Driving while intoxicated Aggravated driving while intoxicated Driving while ability impaired by alcohol Zero tolerance law (driver under 21)
Abbreviation DWI AGG-DWI DWAI/alcohol None
Crime 1st offense: Misdemeanor

2nd within 10 years: Class E felony

3rd and subsequent within 10 years: Class D felony

1st offense: Misdemeanor

2nd within 10 years: Class E felony

3rd and subsequent within 10 years: Class D felony

1st offense: Traffic infraction

2nd within 10 years: Traffic infraction

3rd and subsequent within 10 years: Misdemeanor

No specific crime aside from alcohol violation
BAC Personal driver: 0.08 or higher

Commercial driver: 0.04 or higher

0.18 or higher 0.05-0.07 0.02-0.07
Conviction fine (does not include mandatory conviction surcharge or crime victims assistance fee) 1st offense: $500-$1,000

2nd within 10 years: $1,000-$5,000

3rd within 10 years: $2,000-$10,000

1st offense: $1,000-$2,500

2nd within 10 years: $1,00-$5,000

3rd within 10 years: $2,000-$10,000

1st offense: $300- $500

2nd within 10 years: $500-$750

3rd within 10 years: $750-$1,500

1st offense: $125 civil penalty, $100 suspension termination fee

2nd offense: $125 civil penalty, $100 reapplication fee

3rd and subsequent offenses: Not listed

Driver responsibility assessment $250 per year for 3 years $250 per year for 3 years $250 per year for 3 years $250 per year for 3 years
Maximum jail term 1st offense: 1 year

2nd within 10 years: 4 years, minimum 5 days or 30 days community service if within 5 years of 1st offense

3rd within 10 years: 7 years, minimum 10 days or 60 days community service if within 5 years of prior offense

1st offense: 1 year

2nd within 10 years: 4 years, minimum 5 days or 30 days community service if within 5 years of 1st offense

3rd within 10 years: 7 years, minimum 10 days or 60 days community service if within 5 years of prior offense

1st offense: 15 days

2nd within 10 years: 30 days

3rd within 10 years: 180 days

No additional jail time
License action for drivers 21 and older License revocation

1st offense: 6 months minimum

2nd within 10 years: 1 year minimum

3rd within 10 years: 1 year minimum

License revocation

1st offense: 1 year minimum

2nd within 10 years: 18 months minimum

1st offense: License suspension for 90 days

2nd within 10 years: License revocation for 6 months minimum

3rd within 10 years: License revocation for 6 months minimum

1st offense: 6 months suspension

2nd offense: Revoked for 1 year or until age 21

License action for drivers under 21 License revocation

1st offense: 1 year minimum

2nd within 10 years: 1 year or until age 21, whichever is longer, unless prior conviction is AGG-DWI — will be 18 months or until age 21, whichever is longer

3rd and subsequent within 10 years: 1 year or until age 21, whichever is longer

License revocation

1st offense: 1 year minimum

2nd within 10 years: 18 months or until age 21, whichever is longer

3rd and subsequent within 10 years: 18 months or until age 21, whichever is longer

License revocation

1st offense: 1 year minimum

2nd within 10 years: 1 year or until age 21, whichever is longer

3rd and subsequent within 10 years: 1 year or until age 21, whichever is longer

No additional license revocation besides the penalties to the left

On top of these penalties, New York has:

  • Additional penalties for someone with multiple drug and/or alcohol violations within a 25-year period
  • An 18-month license revocation for an aggravated DWI violation if, within the past 10 years, the person also had convictions for DWI, DWAI/drugs, or DWAI/combination, meaning both drugs and alcohol
  • A permanent license revocation for those with three or more drug/alcohol convictions or refusals within 10 years (although the state may accept a waiver after the first five years minimum)
  • Surcharges for alcohol-related felonies, generally $400 but at the discretion of the court
  • Surcharges for alcohol-related misdemeanors of $260
  • A Class D felony for people with three or more convictions in the past 15 years of:
    • Aggravated DWI
    • Aggravated vehicular assault
    • DWAI/combination
    • DWAI/drug
    • DWI
    • Manslaughter
    • Vehicular assault
    • Vehicular homicide

Teen driver laws are more harsh in New York, so if you’re under 21 and caught drinking and driving, you’ll face steeper penalties when it comes to your license. However, your license can remain in conditional status if you enroll in the Impaired Driver Program (IDP), also known as the Drinking Driver Program (DDP). You can find a program near you on the state’s Department of Motor Vehicles (DMV) website at https://dmv.ny.gov/tickets/find-impaired-driver-programs-idp-county.

How Long a DWI Stays on Your Record

In the state of New York, a DWI will remain on your driving record for two years.

WARNING:

The number of points you receive for a DWI violation in New York depends on the severity of the violation. If you get 11 points in an 18-month period, the state will suspend your license.

Are SR-22s Required?

Unlike some other states, New York will not require you to file an SR-22 — a form that proves you have the minimum car insurance required — following a DWI conviction.

How DWIs Affect Your Car Insurance

How much will New York car insurance, already known for being expensive, increase with a DWI on your record?

Average Costs

On average, a DUI will increase your car insurance premium by 37 percent in New York.

Will Your Insurance Cover You?

Your provider may choose to drop you as a customer with a DWI on your record, as not all insurance companies cover high-risk drivers. However, the insurer must let you know 20 days before the expiration date so you have time to get a new policy and avoid a lapse in coverage.2

How to Find Car Insurance After a DWI

Is it possible to find cheap New York car insurance after being convicted of a DWI? While cheap is a relative term, there are ways to lower your rates even if you have a bad driving record.

What Is the Best and Cheapest Auto Insurance Company?

The cheapest and best DUI auto insurance companies in New York are:

  • Erie: Expect to pay around $2,600 for Erie’s car insurance with a DUI on your record, only about 12 percent more than what you would pay with a clean driving record.
  • GEICO: GEICO’s average cost is even lower than Erie’s at only $2,556, though that’s a 23 percent increase compared to someone with a clean driving record. Learn more about GEICO’s pricing.

Alternatives

There’s no doubt that being considered a high-risk driver makes it harder to find insurance companies that want you as a customer. If all else fails when shopping the private market, consider these two alternative options.

  • New York Automobile Insurance Plan (NYAIP): Your last resort is the New York Automobile Insurance Plan, also known as the Assigned Risk Plan or Auto Plan. Most of the state’s brokers and agents can get you coverage through this plan for three years. To qualify, you must certify that you’ve tried and failed to find car insurance in the past 60 days and haven’t been able to find rates lower than they would be under the Auto Plan. Learn more about the plan through the Automobile Insurance Plan Service Office, also known as AIPSO.
    • Mailing address:
      • New York AIP
      • 22 Cortlandt St., Suite 2101
      • New York, NY 10007-3151
    • Office hours: Monday through Friday, 8:30 a.m. to 4:15 p.m. ET
    • Phone: 212-943-5100
    • Fax: 212-742-2116
    • Email addresses: nyaip@aipso.com3
  • Self-insurance: Technically, you can insure your own cars if you have a certain amount of liquidity, which you can determine using the formula listed on the application at https://dmv.ny.gov/ii-es/fs-100.pdf. This option won’t be financially possible for most people, however.

How to Save

Once you’ve found an insurance provider willing to accept you, here’s how to lower your auto insurance premium as much as possible.

  1. Complete the Point and Insurance Reduction Program (PIRP). If you successfully complete the PIRP and send the certificate of completion to your insurance company or agent within 90 days, you can get four points “subtracted” from your record, preventing a license suspension and giving you a 10 percent discount on liability and collision insurance. Classes last 320 minutes, and fees vary by provider. Find a provider for either online or in-person instruction.
    • Online: https://dmv.ny.gov/pirp/online
    • In person: https://dmv.ny.gov/pirp/classroom
      While the points technically will remain on your record, completing the PIRP still allows people with 11 or more points on their record to avoid a license suspension and an inflated insurance premium.
  2. Get minimum insurance coverage. Getting minimum coverage is the cheapest option in any state, and in New York, even minimum coverage can be pretty extensive.
    • Bodily injury liability coverage: $25,000 per person, $50,000 per accident
    • Property damage liability coverage: $10,000 per accident
    • Uninsured motorist coverage: $25,000 per person, $50,000 per accident
    • Personal injury protection: $50,000 per person
    • Death: $50,000 per person, $100,000 per accident
  3. Improve your credit score. As of early 2021, the average VantageScore in New York was 712, slightly higher than the national average of 698.4 Improving your credit will result in lower car insurance premium in the state, as creditworthiness indicates a lower likelihood of filing a claim.
  4. Bundle policies. Bundling two insurance policies under the same provider, like homeowners and auto insurance, could get you a discount.
  5. Use pay-per-mile insurance. Second only to Washington, D.C., New York has the lowest percentage of motor vehicle commuters in the U.S. — just 55 percent. Meanwhile, 12 percent take public transportation, 48 percent work from home, and a combined 11 percent walk, bike, or take other means like motorcycles. If you’re part of the work-from-home crowd or don’t drive to work, consider pay-per-mile insurance, which will reward you with a discount for low mileage.

DID YOU KNOW?

New York has the highest average one-way commute time in the U.S. at 31 minutes. However, 22 percent of residents have a commute less than 15 minutes long. If this is you, you may be a great candidate for pay-per-mile insurance.5

Conclusion

The easiest way to avoid penalties for driving drunk and maintain cheap car insurance in New York is to drive sober, especially if you’re under the age of 21. However, if you do have a DWI conviction, it’s still possible to find car insurance you can afford, especially through the state’s Auto Plan. Keep reading our frequently asked questions below for more information on DWIs in the Empire State.

Frequently Asked Questions

How long after a DWI does insurance go down in New York?

Insurance should go down after about two years following a DWI in New York.

How long does a DWI stay on your record in New York state?

A DWI will stay on your record for two years in New York state.

How do I get my license back after a DWI in New York?

You can request a license reinstatement in a few different ways:

  • Online: If you don’t already have one, make a MyDMV account at https://my.dmv.ny.gov/crm/?register=T&_ga=2.7975479.485964210.1689343020-2063386467.1688140806. Pay the $100 re-application fee by credit or debit card. You’ll also have to pay any suspension termination fees, driver’s license civil penalties, or driver responsibility assessments you owe.
  • Mail: Fill out and send this application: https://dmv.ny.gov/forms/mv44.pdf. You’ll need to include payment by check or money order made payable to “Commissioner of Motor Vehicles.” Also include your court or probation documentation, if any. Send the application and payment to the following mailing address.
    • Driver Improvement Unit
    • NYS DMV
    • 6 Empire State Plaza, Room 336
    • Albany, NY 12228

What is Leandra’s Law in New York?

Leandra’s Law in New York governs charges and penalties for operating a car while intoxicated or under the influence of drugs with a child under age 16 in your vehicle. It is a Class E felony, punishable by up to four years in state prison, plus, for DWI or aggravated DWI convictions, an ignition interlock installation for 12 years.

If the perpetrator caused serious physical injury under these circumstances, it is a Class C felony punishable by up to 15 years in state prison. If they caused death, it’s a Class B felony punishable by up to 25 years in prison, according to the state’s Department of Motor Vehicles.

Aliza Vigderman
Written by:Aliza Vigderman
Senior Writer & Editor
A seasoned journalist and content strategist with over 10 years of editorial experience in digital media, Aliza Vigderman has written and edited hundreds of articles on the site, covering everything from plan coverages to discounts to state laws. Previously, she was a senior editor and industry analyst at the home and digital security website Security.org, previously called Security Baron. She has also contributed to The Huffington Post, SquareFoot, and Degreed. Aliza studied journalism at Brandeis University.

Citations

  1. You And The Drinking Driving Laws. NYSDMV. (2023).
    https://dmv.ny.gov/brochure/c-39ddl-web.pdf

  2. Shopping for Auto Insurance. New York State Department of Financial Services. (2023).
    https://www.dfs.ny.gov/consumers/auto_insurance/cancellation_and_renewal

  3. New York Automobile Insurance Plan. AiPSA. (2023).
    https://www.aipso.com/Plan-Sites/New-York

  4. What Is the Average Credit Score by State? Equifax. (2021).
    https://www.equifax.com/personal/education/credit/score/articles/-/learn/average-credit-score-state/

  5. Commuting Characteristics by State. United States Census. (2023).
    https://data.census.gov/table?q=Commuting&g=010XX00US$0400000