What Are the Penalties for DUI in New York?

| by Max Soni

Last Updated on: 5th October 2025, 01:58 pm

New York DWI Penalties – Your DMV Hearing Is In 12 Days Whether You Know It Or Not

The Notice of Temporary Suspension triggers a 15-day clock nobody mentioned when NYPD processed you at the 120th Precinct last night. Refuse the breathalyzer or blow over .08, your drivers license AUTOMATICALLY gets suspended at arraignment. But here’s what they didn’t explain, and had no intention of ever telling you: you have exactly 15 days from arrest to request a DMV refusal hearing under VTL § 1194, or your license revocation becomes automatic for one year. Criminal case in Richmond County Criminal Court could take months, get dismissed entirely – doesn’t matter. The DMV hearing isn’t about guilt or innocence. Administrative Law Judge decides one thing: did you refuse a properly requested chemical test? Staten Island DMV hearings happen Thursdays at 2 PM at the Richmond Avenue office. The arresting officer testifies via affidavit usually – doesn’t even show up. You need to prove the officer lacked reasonable grounds for arrest, didn’t properly warn you about refusal consequences under VTL § 1194(2), or you didn’t actually refuse. Winning rate at NYC DMV refusal hearings: 8%.

The ALJ works for DMV, which wants your license suspended. Todd Spodek here – last month at a Brooklyn DMV hearing, my client said “I want to speak to a lawyer first” before taking breath test. ALJ ruled that was refusal. Client’s a taxi driver, lost TLC license, lost livelihood, criminal case still pending.

The Real VTL § 1192 Violations and Consequences

Forget “DUI” – New York doesn’t use that term. Vehicle & Traffic Law § 1192 creates multiple offenses:

VTL § 1192(1) – Driving While Ability Impaired (DWAI) – doesn’t require specific BAC, just evidence of impairment. Bloodshot eyes and admission to “two beers” sufficient for conviction. Traffic infraction for first offense, but becomes misdemeanor on second within five years.

VTL § 1192(2) – DWI per se – BAC of .08 or higher. Doesn’t matter if you drove perfectly. The number alone convicts. Misdemeanor carrying 6-month revocation, but here’s what they don’t advertise: Driver Responsibility Assessment of $250 annually for three years ($750 total) on top of fines.

VTL § 1192(2-a) – Aggravated DWI – BAC .18 or higher. Misdemeanor with one-year revocation minimum. But add a child under 16 in the car, becomes Leandra’s Law violation under § 1192(2-a)(b), automatic E felony, mandatory ignition interlock, possible 4 years prison.

Chemical Test Refusal – The Separate Punishment

Refuse the breathalyzer thinking you’re protecting yourself? VTL § 1194 creates separate civil penalties:

• First refusal: 1-year revocation plus $500 civil penalty
• Second refusal in 5 years: 18-month revocation plus $750 penalty
• Commercial drivers: 18-month revocation destroys CDL permanently

The refusal becomes evidence at criminal trial. Prosecutor argues consciousness of guilt. Meanwhile, you’ve already lost license for year through DMV regardless of criminal outcome. Queens prosecutors offer better pleas to refusers because they lack BAC evidence. Brooklyn prosecutors treat refusal as aggravating factor. Manhattan doesn’t care either way. Staten Island judges instruct juries that refusal can be considered evidence of intoxication.

Conditional Licenses and IID Requirements Nobody Explains

After revocation, you’re eligible for conditional license if enrolled in Drinking Driver Program (DDP) – $225 for program, $75 for conditional license, runs 16 sessions over 7 weeks. But conditional only allows driving to work, school, medical appointments, DDP sessions. Get caught anywhere else – shopping, friend’s house, gym – that’s AUO (Aggravated Unlicensed Operation), new misdemeanor.

Ignition Interlock Device required for:

• Aggravated DWI (.18 or higher)
• Any DWI with prior in 10 years
• Leandra’s Law violations
• Often negotiated even for first offense

IID costs $100-150 monthly rental, $50-100 installation, $50-100 removal. Must blow to start, randomly while driving. Blow .025 (one beer), car won’t start, violation reported to court. Miss installation deadline, violate probation, face resentencing.

The Prior Conviction Escalator

Second DWI in 10 years becomes E felony under VTL § 1192(3), but calculation isn’t straightforward. Out-of-state convictions count if “substantially similar” to NY law. New Jersey DUI counts, Pennsylvania DUI might not depending on subsection. Prior DWAI (violation) within 5 years makes next DWAI a misdemeanor. Two DWAIs in 5 years makes third in 10 years D felony.

Three DWI-related convictions in 10 years or four in 25 years triggers permanent revocation under DMV Commissioner’s Regulations Part 136. “Permanent” means 5 years minimum before requesting “permission to reapply” with no guarantee of restoration. One client had 1995 DWAI, 2015 DWAI, 2023 DWI – permanent revocation because DMV counts back 25 years now.

Leandra’s Law Changes Everything

Child under 16 in car during DWI transforms misdemeanor into automatic E felony under VTL § 1192(2-a)(b). Named after 11-year-old killed by drunk driver carrying children. Doesn’t matter if your own child, doesn’t matter if BAC barely over .08. Mandatory county jail or state prison, mandatory ignition interlock, permanent criminal record affecting employment, housing, everything.

But here’s the exception courts recognize reluctantly: People v. Boscic held that if child’s presence was unknown to driver (hidden in vehicle), Leandra’s Law doesn’t apply. Rare scenario, but shows prosecutors overcharge hoping defendants don’t know exceptions exist.

Commercial Drivers Face Double Jeopardy

CDL holders face regular VTL § 1192 penalties plus Federal Motor Carrier Safety Regulations. BAC limit for CDL: .04 in commercial vehicle, regular .08 in personal vehicle. But any alcohol conviction, even DWAI in personal vehicle, triggers:

• First offense: 1-year CDL suspension
• Second lifetime offense: permanent CDL revocation
• Hazmat endorsement: gone forever on first offense

Truckers, bus drivers, Uber/Lyft drivers with TLC licenses – career ends with first conviction. Plea bargain to DWAI thinking it’s “just a violation”? Still loses CDL for year. No commercial driving means no income. One beer too many costs lifetime career.

Call Now – Your DMV Hearing Request Deadline Is Tomorrow

212-300-5196

Today is day 14 since arrest. Tomorrow at midnight, your right to DMV hearing expires. Without requesting hearing, automatic one-year revocation starts day 16. Criminal lawyer you’re planning to hire next week can’t undo expired DMV deadline.

The arresting officer’s paperwork contains errors in 40% of cases – wrong time stamps, missing warnings, improper test procedures. But you need hearing to raise these issues. No hearing request means accepting revocation regardless of defects.

Your conditional license eligibility depends on DMV hearing outcome. Refuse hearing, get revoked, need DDP enrollment plus 3-month wait. Request hearing, possibly win, keep driving pending criminal case.