New York DWI Crimes: FAQ

In New York State, drunk driving offenses are generally broken out into the misdemeanor and felony crimes of Driving While Intoxicated (“DWI”) and the violation of Driving While Ability Impaired (“DWAI”). These are all codified in Vehicle and Traffic Law 1192. In other states, analogous crimes may be categorized as Driving Under the Influence. Therefore, some people refer to these offenses as “DUI.”

In New York, VTL 1192.2, VTL 1192.3 and VTL 1192.4 are the most common drunk driving crimes. VTL 1192.1 is a non-criminal violation often referred to DWAI or Driving While Ability Impaired.

A blood alcohol content of .08 or greater violates the law. A BAC of .18 or greater enhances the potential penalties and limits potential lesser offers.

Yes. The law requires mere operation. Driving is not required.

A misdemeanor or felony conviction is indelible. As such, it will remain on your permanent criminal record forever. However, pursuant to CPL 160.59, you may be eligible for conviction sealing after 10 years in certain circumstances.

The Department of Motor Vehicles maintains a record of conviction on your abstract for 10 years.

Insurance rates will be adversely impacted for as long as it remains on your driving record to various degrees, depending on the carrier.

Because most of the offenses are misdemeanors, convictions are punishable by up to one year in jail, a fine of up to $1,000, up to three years probation, and a six month license revocation. You will also be required to install an ignition interlock device on any car you own or operate, and to attend certain alcohol-related programs. Given certain aggravating factors, such as having a child in car or a second conviction within ten years, you will face a felony and greater sanctions including up to four years in prison.

The severity of the offense depends on whether there are any heightened elements. The most common include a prior conviction in the preceding ten years and whether there is a fifteen-year-old child or younger in the vehicle. The latter is codified as VTL 1192(2-a)(b).

Aggravated DWI, VTL 1192(2-a)(b), is a felony. Whether you refuse to “blow” or have north of a .08 BAC, if there is a child in the vehicle then your conduct is felonious.

Yes.

Yes. If you are charged with VTL 1192.3 due to a refusal to submit to an Intoxilyzer or similar device, then you will be subject to a distinct and separate proceeding with the DMV called a Refusal Hearing. With a lesser standard of proof then the criminal case, if a Judicial Hearing Officer finds against you, then your license will be revoked irrespective of what happens with your parallel case.