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DWI Penalties in New York: Misdemeanor, Felony & More
A DWI charge in New York can change your life in an instant. Whether it’s your first offense or you’re facing felony charges, the DWI penalties in New York are some of the harshest in the country. At the Law Offices of Michael S. Discioarro, we understand the fear, confusion, and uncertainty that follow an arrest. Our experienced DWI defense attorneys are here to help you understand your options, protect your rights, and fight for the best possible outcome.
Misdemeanor DWI in New York
Most first-time DWI offenses in New York are charged as misdemeanors — but don’t let the term “misdemeanor” mislead you. These charges still carry serious DWI penalties:
Standard Misdemeanor DWI (BAC of 0.08% – 0.17%)
- Up to 1 year in jail
- Fines ranging from $500 to $1,000
- Driver’s license revocation for at least 6 months
- Mandatory ignition interlock device (IID)
- Enrollment in a Drinking Driver Program (DDP)
- A permanent criminal record
Aggravated DWI (BAC of 0.18% or higher) is also considered a misdemeanor for a first offense but includes enhanced penalties:
- Up to 1 year in jail
- Fines up to $2,500
- 1-year license revocation
- Additional court surcharges
Multiple offenses or the presence of aggravating factors can quickly escalate a misdemeanor to a felony charge.
Felony DWI Charges
When a person commits a second DWI within 10 years or when aggravating circumstances are involved (such as a child passenger or serious injury), the charge may be elevated to a felony.
Class E Felony DWI (Second offense within 10 years):
- Up to 4 years in prison
- Fines up to $5,000
- License revocation for at least 1 year
- Long-term use of an IID
- Felony criminal record
Class D Felony (Third offense within 10 years):
- Up to 7 years in prison
- Higher fines
- Mandatory alcohol treatment programs
Felony DWI penalties are life-altering. Without the right legal defense, you could be facing years behind bars and permanent damage to your record.
Manslaughter DWI
When a DWI results in a fatality, the consequences become even more severe.
Vehicular Manslaughter in the Second Degree (Class D Felony):
- Up to 7 years in prison
- Fines up to $5,000
Vehicular Manslaughter in the First Degree (Class C Felony):
- Up to 15 years in prison
- Applies if aggravated DWI or prior DWI convictions are involved
These are some of the most serious DWI penalties under New York law. If you’re facing these charges, you need an experienced criminal defense team on your side immediately.
Underage DWI – The Zero Tolerance Law
New York’s Zero Tolerance Law applies to drivers under 21 with a BAC between 0.02% and 0.07%. Though not criminal, the penalties are still significant:
- License suspension for 6 months
- $125 civil penalty
- $100 fee for license reinstatement
Underage drivers with a BAC over 0.08% face full adult DWI penalties, including potential jail time, fines, and a permanent criminal record that can derail college and career plans.
The Hidden Costs of a DWI
Beyond jail time and fines, a DWI conviction brings long-term consequences:
- Sky-high insurance premiums
- Loss of a commercial driver’s license (CDL)
- Revoked professional or occupational licenses
- Immigration problems
- A permanent public record
Every DWI case is unique. That’s why it’s crucial to work with a skilled defense attorney who can help minimize or avoid DWI penalties altogether.
We Are Your Key To Fighting DWI Charges
Contact us today to schedule a consultation with an experienced New York City DWI Attorney. Let us fight for you. Your future is too important to leave to chance — trust us to be by your side every step of the way. Call 917-519-8417 to consult with an experienced NYC DWI Attorney.
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