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What are the penalties for drunk driving in New York?

With the holiday season rapidly approaching, you will probably have lots of parties and events coming up. If you drink and drive after an event and law enforcement requests chemical testing, you could face some serious penalties.

According to the New York State Department of Motor Vehicles, there are many offenses and penalties related to driving while impaired. These penalties can result from alcohol intoxication, but they can also occur if a driver is impaired by other drugs.

Aggravated driving while intoxicated (AGG DWI)

Drivers receive this charge if they drive with a blood alcohol concentration (BAC) of .18% or higher. With AGG DWI, maximum jail terms are up to one year, you face a fine between $1,000 and $2,500, and the license revocation period lasts at least one year.

Driving while ability impaired by alcohol (DWAI)

Drivers receive this charge if they have a BAC of at least .05%, but less than .07%. Punishments for DWAI include a fine ranging between $300 and $500, a maximum jail term of 15 days, and a license suspension period of 90 days.

Driving while intoxicated (DWI) or driving while impaired by a drug (DWAI-drug)

Drivers charged with DWI or DWAI-drug can receive a maximum jail term of one year, a license revocation period of at least six months, and a fine ranging between $500 and $1,000. Penalties increase for second and third offenses.

Chemical test refusal

There are legal consequences for refusing a breath, blood, or urine test when requested by law enforcement, regardless of your level of intoxication. Refusing a test may result in a $500 civil penalty, and a license revocation lasting at least one year. For commercial drivers, the penalty is $550 and the revocation period lasts 18 months.