DUI-DWI Statutes and Penalties in New York

If you’ve been arrested and charged with Driving While Intoxicated (DWI) in New York, you are mostly likely trying to gain a full understanding on what you’ve been charged with and what penalty it carries. Under New York state law, a first time DUI-DWI offense is a misdemeanor in most circumstances. However, a second conviction in New York can rapidly become a felony if it occurs within five years of the first DWI conviction.

Below is a comprehensive list of what the statues and penalties for DWI-DUI in New York state.

First DWI Offense in New York or Outside 10 years of a Prior DWI

  • 1192(1) Driving While Ability Impaired (a no-point traffic infraction)
  • 1192(3) Driving While Intoxicated (a misdemeanor)
  • 1192(2) DWI per se .08 of 1% or more (. %) (a misdemeanor)
  • 1192(2)aa Aggravated DWI per se .18 of 1% or more (a misdemeanor)
  • 1192(4) DWAI Drugs (a misdemeanor)
  • 1192(4a) DWAI Based on the Combination of Alcohol and Drugs (a misdemeanor)
  • 1194(1)b Refusal to Take a Breath Screen (a no-point traffic infraction)

Multiple DWI Offenses in New York Within 10 Years

  • 1192(3) Driving While Intoxicated (Felony)
  • 1192(2) DWI per se .08 of 1% BAC; DWI per se (Felony)
  • 1192(2)aa Aggravated DWI 1st degree (Felony)
  • 1192(2)AB Aggravated DWI (Felony)
  • 1192(4) DWAI Drugs (Felony)
  • 1192(4)a DWAI Based on the Combination of Alcohol and Drugs (Felony)

New York DWI Violations

1102 Failed to Comply with a Lawful Order (2 points violation)
1110(a) Failure to Obey a Traffic Control Device (2 point violation)
1110(a)1 Passed Green Arrow (3 point violation)
1111(a)1 Passed Steady Red Arrow (3 point violation)
1111(d)1 Failed to Stop at a Red Light (3 point violation)
1120(a) Failed to keep right (3 point violation)
1122 Improper Lane Change (3 point violation)
1123(b) Left pavement to pass on right (3 point violation)
1124 Unsafe Passing (3 point violation)
1126(a) Driving Left of Pavement Markings (3 point violation)
1127(a) Driving the Wrong Direction on a One Way Street (3 point violation)
1128(a) Moved From Lane Unsafely (3 point violation)
1128( c ) Failed to Use Designated Lane (3 point violation)
1128(d) Drove Across Hazard Markings (3 point violation)
1129(a) Following Too Closely (4 point violation)
1131 Driving on the Shoulder / Limited Access Hwy (2 point violation)
1140(a) Failed to Yield Right of Way / Intersection (3 point violation)
1141 Failure to Yield Right of Way / Left Turn (3 point violation)
1143 Failed to Yield Right of Way To Pedestrians (3 point violation)
1144(a) Failure to Yield to an Emergency Vehicle (3 point violation)
1144a Failure to Move Over For an Emergency Vehicle (2 point violation)
1160(a) Improper Right Turn Intersection (2 point violation)
1160(b) Improper Left Turn On a Two Way Roadway (2 point violation)
1162 Unsafe Movement of Stopped Motor Vehicle (2 point violation)
1163(a) Turn Without Signal (2 point violation)
1163(d) Improper or No Signal (2 point violation)
1164(b) Failed to Signal Lane Change (3 point violation)
1172(a) Failed to Stop at Stop Sign (2 point violation)
1173 Failed to Stop from Ally/Drwy/PrivRd As Required (2 point violation)
1175 Obstructed Traffic at Intersection (2 point violation)
1180(a) Speed not reasonable and prudent (3 point violation)
1180(b) Speed over 55 zone
1180(d) Speed in Zone 90/65 (6 point violation)
1198(7)a Used rented/loaned vehicle w/o IID (a misdemeanor)
1198(9)d Operate Out of Ignition Interlock Restriction
1196(7)F Operating in Violation of Conditional License
1201(a) No Stopping or Standing on a Highway (2 point violation)
1212 Reckless Driving (misdemeanor)
1211(a) Backing Unsafely
1220(a) Throwing Refuse on Highway
1225(a) Driving on sidewalk (2 point violation)
1225(c2a) Operating a Motor Vehicle with a Mobile Phone (5 point violation)
1225(d) Operating a Motor Vehicle Using a Portable Electrical Device (5 point violation)
1227(1) Consumption of Alcohol in a Motor Vehicle (a no-point traffic infraction)
1228(c) Failed to Use Designated Lane (3 point violation)
1229(c)3 Seat Belt Violation (a no-point infraction)

306(b) Uninspected Motor Vehicle (0 points)
319(1)u Operating w/o Insurance (0 points, $150-1,500 fine plus surcharge, up to 15 days jail)
375(2)a Headlamps/Inclement
375(2)a1 No/Inadequate lights
375(2)a3 No/Inadequate Tail Lights (2-lamp)
375(2)a4 No/Inadequate Plate Lamps
375(3) Failed to Dim Headlights (2 points)
375(3)1 Inadequate/No Muffler
375(12)ab2 Window Tinting
375(12)ab3 Side Windows Not Transparent
375(30) Drivers View Obstructed
375(35)c Unsafe Tire
375(40) Equipment violation – stop lights (2 points)
376(1)a No Headlights ( 0 points )
401(1)A Unregistered Motor Vehicle Vehicle (0 points, $40-300 fine plus surcharge, up to 15 days jail)
402(1) No Front License Plate (0 points)
403(1) No More Than One Sticker ( 0 points )
509(1) Unlicensed Operator Unlicensed Operator (0 points)($75-300 fine plus surcharge, up to 15 days jail
509(3) Operating in Violation of Restrictions (0 points)($75-300, up to 15 days jail)
509(6) Allowing use of your license or possession of a forged license (0 points) ($75-300, up to 15 days jail)
509(7) Commercial vehicle w/o possession of proper license (0 points)(up to $75)
509(8) Failure to Notify DMV of Address Change (0 points)(up to $75)
511(1)a Aggravated Unlicensed Operation in the 3rd degree (misdemeanor)
511(2)a Aggravated Unlicensed Operation in the 2nd degree (misdemeanor)
511(3)a1 Aggravated Unlicensed Operation in the 1st degree (E Felony)
512 Operating While Registration is Suspended/Revoked
600(1)a Leaving Scene Property Damage Accident (3 points)

PL 221.05 Unlawful Possession of Marijuana
PL 220.03 Criminal Possession of a Controlled Substance 7th
PL 206.10(1) Endangering the Welfare of a Child

Penalties for Speeding in New York

  • Speeding: 1 to 10 mph over the limit (3 points)
  • Speeding: 11 to 20 mph over the limit (4 points)
  • Speeding: 21 to 30 mph over the limit (6 points)
  • Speeding: 31 to 40 mph over the limit (8 points)
  • Speeding: 41 mph or more over the limit (11 points)

Penalties for Cell Phone/Electronic Device Use While Driving in New York

  • 1st offense minimum fine $50, maximum $150
  • 2nd offense within 18 months, minimum fine $50, maximum $200
  • 3rd or subsequent offense within 18 months minimum fine $50, maximum $400
  • $93 surcharge

Possible consequences of a DWI in New York

Beyond the legal penalties, a DWI conviction in New York can have many consequences that aren’t immediately noticed.  A DWI conviction remains permanently on your record and can affect both your current or future employment possibilities.  If you drive for a living it is obvious you’ll need immediate representation but a DWI conviction may affect your current employment.  In a future job, the conviction may be grounds for denying you for a job opportunity.

Choosing the best DWI defense lawyer for your criminal defense  is your best course of action.

Consulting with an attorney about an Aggravated DWI

If you have been arrested and with a DWI charge or DUI charge, you should consult with a lawyer in your area.  If you are in the Rochester, NY area, consult with Wisner & Wisner LLP immediately.

Wisner & Wisner have been specialistics in DWI Defense for more than 18 years.  They are a team of defense attorneys with a combined experience of more than 65 years.