As New Year’s Eve approaches, festivities are ramping up, but so are the risks associated with impaired driving. This New Year, make it a priority to stay safe and find a sober way home. Avoiding a Driving While Intoxicated (DWI) charge keeps you and others safe, setting you up for a positive start to the New Year.

What Are the Penalties and Requirements Under New York’s DWI?

In New York, impaired driving is strictly enforced, with significant penalties designed to deter and address this serious offense. Below is a breakdown of the DWI charges and penalties:

  • Driving While Intoxicated (DWI) – Blood Alcohol Content (BAC) of 0.08% or Higher: Results in a misdemeanor charge, fines from $500 to $1,000, up to one year of jail time, and a minimum 6-month license revocation for the first offense. Repeat offenses carry harsher penalties, including felony charges, fines up to $10,000, jail time up to 7 years, and mandatory installation of an ignition interlock device (IID) for all vehicles owned or operated by the offender.
  • Aggravated DWI – BAC of 0.18% or Higher: An enhanced misdemeanor for the first offense, with penalties of $1,000 to $2,500 in fines, up to one year of jail time, and a minimum 1-year license revocation. Second and third offenses within ten years elevate to felonies, with increased fines, jail time up to 7 years, longer license revocations, and mandatory IID installation.
  • Driving While Ability Impaired by Drugs (DWAI): This offense is treated as a misdemeanor, leading to fines from $500 to $1,000, up to one year in jail, and a minimum 6-month license revocation. Repeat offenses become felonies with more severe penalties, including fines up to $10,000, longer jail time, and mandatory license revocations.
  • Leandra’s Law – Driving with a Minor Passenger (Under 16): An automatic felony if intoxicated while driving with a child passenger. This law imposes severe penalties, including up to $5,000 in fines, up to 4 years of jail time, and a minimum 1-year license revocation, along with a mandatory IID requirement.

What is the STOP-DWI Program and How Does it Work?

The STOP-DWI Program (Special Traffic Options Program for Driving While Intoxicated) enables each New York county to design and implement targeted initiatives to prevent alcohol and drug related traffic incidents. Funded entirely by fines collected from DWI convictions, this self-sustaining program allows each county to develop customized approaches, from enhanced law enforcement to public education campaigns, to reduce impaired driving within their communities. During high-risk periods, such as the holiday season, counties often increase DWI patrols and establish sobriety checkpoints to reinforce New York’s commitment to highway safety.

What Are Some Tips for Planning a Safe Celebration?

Avoid the risk and make arrangements in advance for a safe way to get home. Options such as rideshares, taxis, or designating a sober driver can prevent tragedy and save you from the serious consequences of a DWI.

LaMarche Safranko Law is Here to Help

At LaMarche Safranko Law, we are committed to helping our clients understand and navigate New York’s DWI laws. If you find yourself facing a DWI charge, don’t wait. Call us at 844-ACCUSED for a consultation to ensure you know your rights and options.