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Plus, the penalties for driving while intoxicated in the Empire State
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.
New York actually uses the abbreviation DWI instead of DUI, which means driving under the influence versus driving while intoxicated.
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:
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.
In the state of New York, a DWI will remain on your driving record for two years.
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.
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 much will New York car insurance, already known for being expensive, increase with a DWI on your record?
On average, a DUI will increase your car insurance premium by 37 percent in New York.
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
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.
The cheapest and best DUI auto insurance companies in New York are:
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.
Once you’ve found an insurance provider willing to accept you, here’s how to lower your auto insurance premium as much as possible.
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
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.
Insurance should go down after about two years following a DWI in New York.
A DWI will stay on your record for two years in New York state.
You can request a license reinstatement in a few different ways:
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.
You And The Drinking Driving Laws. NYSDMV. (2023).
https://dmv.ny.gov/brochure/c-39ddl-web.pdf
Shopping for Auto Insurance. New York State Department of Financial Services. (2023).
https://www.dfs.ny.gov/consumers/auto_insurance/cancellation_and_renewal
New York Automobile Insurance Plan. AiPSA. (2023).
https://www.aipso.com/Plan-Sites/New-York
What Is the Average Credit Score by State? Equifax. (2021).
https://www.equifax.com/personal/education/credit/score/articles/-/learn/average-credit-score-state/
Commuting Characteristics by State. United States Census. (2023).
https://data.census.gov/table?q=Commuting&g=010XX00US$0400000