Straight from the NY DMV website ( hope this comes out):
BAC = blood alcohol concentration
- DWI: Driving While Intoxicated; .08 BAC or higher or other evidence of intoxication.
- Aggravated DWI: Aggravated Driving While Intoxicated: .18 BAC or higher.
- DWAI/Alcohol: Driving While Ability Impaired (by alcohol); .05 BAC to .07 BAC, or other evidence of impairment.
- DWAI/Drug: Driving While Ability Impaired by a single Drug other than alcohol.
- DWAI/Combination: Driving While Ability Impaired by a the Combined Influence or Drugs or Alcohol.
- Chemical Test Refusal: A driver who refuses to take a chemical test (normally a test of breath, blood or *****) can receive a driver license revocation of at least one year (18 months for a commercial driver) and must pay a $500 civil penalty ($550 for a driver of commercial vehicles) to apply for a new driver license. A driver who refuses a chemical test during the five years after a DWI-related charge or previous refusal will have their driver license revoked for at least 18 months (permanent for a commercial driver) and must pay a $750 civil penalty to apply for a new driver license. If the driver is under age 21, and refuses a chemical test during the five years after a DWI-related charge or previous refusal, they will have their driver license revoked for at least one year or until age 21, whichever is longer and must pay a $750 civil penalty to apply for a new driver license.
- 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.
What are the penalties for Alcohol-related or Drug-related Violations?
Penalties for Alcohol-related and Drug-related ViolationsViolation (1)Mandatory Fine (2)Maximum
Jail TermMandatory Driver License Action (3)Aggravated Driving While Intoxicated (A-DWI)$1,000 - $2,5001 yearRevoked for at least one yearSecond A-DWI in 10 years (E felony)(1)$1,000 - $5,0004 yearsRevoked for at least 18-months (5)Third A-DWI in 10 years (D felony)(1)$2,000 - $10,0007 yearsRevoked for at least 18-months (4,5) Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug)$500 - $1,0001 yearDWI-Revoked for at least six months
DWAI-Drugs - Suspended for at least six monthsSecond DWI/DWAI-Drug violation in 10 years (E felony)(1)$1,000 - $5,0004 yearsRevoked for at least one yearThird DWI/DWAI-Drug violation in 10 years (D felony)(1)$2,000 - $10,0007 yearsRevoked for at least one year (4) Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination)$500 - $1,0001 yearRevoked for at least six monthsSecond DWAI/Combination in 10 years (E felony)(1)$1,000 - $5,0004 yearsRevoked for at least one year/18 months (5)Third DWAI/Combination in 10 years (D felony)(1)$2,000 - $10,0007 yearsRevoked for at least one year/18 months (4,5) Driving While Ability Impaired by Alcohol (DWAI)$300 - $50015 daysSuspended for 90 daysSecond DWAI violation in 5 years$500 - $75030 daysRevoked for at least six months Zero Tolerance Law$125 civil penalty and $100 fee to terminate suspensionNoneSuspended for six monthsSecond Zero Tolerance Law$125 civil penalty and $100 re-application feeNoneRevoked for one year or until age 21 Chemical Test Refusal$500 civil penalty ($550 for commercial drivers) NoneRevoked 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 penaltyNoneRevoked 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 $50 re-application feeNoneRevoked for at least one year.Chemical Test Refusal -
Second or subsequent Zero Tolerance Law$750 civil penalty and $50 re-application feeNoneRevoked for at least one year. Driving Under the Influence - (Out-of-State)N/AN/ASuspended for 6 months. If less than 21 years of age, revoked at least one year.Driving Under the Influence - (Out-of State) with any previous alcohol-drug violationN/AN/ASuspended for 6 months. If less than 21 years of age, revoked at least one year or until age 21 (longest term).
- Greater penalties can also apply for multiple alcohol or drug violations within a 10-year period.
- Surcharges are added to misdemeanors ($160) and felonies ($270).
- The driver license penalties for drivers under the age of 21, and for drivers of commercial motor vehicles and other professional drivers, are different.
- Three or more alcohol or drug-related convictions or refusals within 10 years can result in permanent revocation, with a waiver request permitted after at least 5 years.
- A driver with an Aggravated DWI violation conviction within the prior 10 years will receive a minimum 18-month revocation if convicted of DWI, DWAI/Drugs or DWAI/Combination. Also a driver with a prior DWI, Aggravated DWI, DWAI/Drugs or DWAI/Combination with the prior 10 years will receive a minimum 18-month revocation.