New York State Law

Vehicle and Traffic Law

Consolidated Laws of New York's VTL code

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Vehicle Traffic Law - Alcohol / Drug Violations

DWI / DWAI Terms

VEHICLE AND TRAFFIC LAW - Driving While Intoxicated Terms
Driving While Intoxicated (DWI): .08 Blood Alcohol Content (BAC) or higher or other evidence of intoxication. For drivers of commercial motor vehicles: .04 BAC or other evidence of intoxication.
Aggravated Driving While Intoxicated (Aggravated DWI): .18 BAC or higher.
Driving While Ability Impaired by Alcohol (DWAI/Alcohol): more than .05 BAC but less than .07 BAC, or other evidence of impairment.
Driving While Ability Impaired by a Single Drug other than Alcohol (DWAI/Drug).
Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol (DWAI/Combination).
Chemical Test Refusal: A driver who refuses to take a chemical test (normally a test of breath, blood or urine).
Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law.
Penalties for Alcohol or Drug-Related Violations in NYS
The penalties for an alcohol or drug-related violation include the loss of driving privileges, fines, and a possible jail term. Source: New York State Department of Motor Vehicles (dmv.ny.gov)
Violation Fine Jail License Action
Aggravated Driving While Intoxicated (A-DWI) $1,000 - $2,500 1 year Revoked for at least one year
Second A-DWI in 10 years (E felony) $1,000 - $5,000 4 years Revoked for at least 18 months
Third A-DWI in 10 years (D felony) $2,000 - $10,000 7 years Revoked for at least 18 months
Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug) $500 - $1,000 1 year DWI-Revoked for at least six months. DWAI-Drugs - Suspended for at least six months
Second DWI/DWAI-Drug violation in 10 years (E felony) $1,000 - $5,000 4 years Revoked for at least one year
Third DWI/DWAI-Drug violation in 10 years (D felony) $2,000 - $10,000 7 years Revoked for at least one year
Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination) $500 - $1,000 1 year Revoked for at least six months
Second DWAI/Combination in 10 years (E felony) $1,000 - $5,000 4 years Revoked for at least one year
Third DWAI/Combination in 10 years (D felony) $2,000 - $10,000 7 years Revoked for at least one year
Driving While Ability Impaired by Alcohol (DWAI) $300 - $500 15 days Suspended for 90 days
Second DWAI violation in 5 years $500 - $750 30 days Revoked for at least six months
Third or subsequent DWAI within 10 years (Misdemeanor) $750 - $1,500 180 days Revoked for at least six months
Zero Tolerance Law $125 civil penalty and $100 fee to terminate suspension None Suspended for six months
Second Zero Tolerance Law $125 civil penalty and $100 re-application fee None Revoked for one year or until age 21
Chemical Test Refusal $500 civil penalty ($550 for commercial drivers) None Revoked for at least one year, 18 months for commercial drivers
Chemical Test Refusal within five years of a previous DWI-related charge/Chemical Test Refusal $750 civil penalty None Revoked for at least 18 months, one-year or until age 21 for drivers under age 21, permanent CDL revocation for commercial drivers
Chemical Test Refusal - Zero Tolerance Law $300 civil penalty and $100 re-application fee None Revoked for at least one year
Chemical Test Refusal - Second or subsequent Zero Tolerance Law $750 civil penalty and $100 re-application fee None Revoked for at least one year
Driving Under the Influence (Out-of-State) N/A N/A Revoked for at least 90 days. If less than 21 years of age, revoked at least one year
Driving Under the Influence (Out-of State) with any previous alcohol-drug violation N/A N/A Revoked for at least 90 days (longer term with certain prior offenses). If less than 21 years of age, revoked at least one year or until age 21 (longest term)
Source: New York State Department of Motor Vehicles (dmv.ny.gov)

Vehicle and Traffic Law - Table of Contents

VTL Index | Article Index | Violation Guide | License Guide | Popular Articles | Search Phrases
Title 1 | Title 2 | Title 3 | Title 4 |Title 5 | Title 6 |Title 7 | Title 8 | Title 9 | Title 10 | Title 11 | Title 12 | 01 | 02 | 2A | 2B | 03 | 3A | 04 | 05 | 5A | 06 | 07 | 08 | 09 | 10 |11 | 12 | 12a | 12b | 12c | 13 | 14 | 14A | 14B | 15 | 15A | 16 | 17 | 17A | 17A* | 17B | 17C | 18 | 19 | 19A | 19B | 20 | 21 | 21A | 21B | 21C | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 | 31 | 32 | 33 | 34 | 34A | 34B | 34C | 35 | 36 | 37 | 38 | 38 | 39 | 40 | 41 | 42 | 43 | 44 | 44A | 45 | 46 | 47 | 48 | 48A | 48B | 48C | 49 | 50

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