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New York driving lesson · Alcohol and Other Drugs

Penalties for alcohol & drug violations

A 3-minute lesson from the New York course. Read the rules and examples, follow the handbook page references, and check your understanding before you move on.

Read time
3 minutes
Course unit
Alcohol and Other Drugs
Checkpoint questions
4
Source pages
58

Every alcohol or drug conviction brings a fine, possible jail and a license penalty, and each gets worse with repeat offenses. The minimums below are the state's; courts can go higher.

Aggravated DWI (.18 BAC or higher)

Aggravated DWI (.18 BAC or higher)
ConvictionFineJailLicense
1st (misdemeanor)$1,000 – $2,500Up to 1 yearRevoked at least 1 year
2nd within 10 yrs (class E felony)$1,000 – $5,000Up to 4 yearsRevoked at least 18 months
Handbook p. 58 ↗

DWI (.08 BAC or higher) or DWAI-Drug

DWI (.08 BAC or higher) or DWAI-Drug
ConvictionFineJailLicense
1st (misdemeanor)$500 – $1,000Up to 1 yearDWI: 6-mo revocation; DWAI-D: 6-mo susp.
2nd within 10 yrs (class E felony)$1,000 – $5,000Up to 4 yearsRevoked at least 1 year
Handbook p. 58 ↗

Know the rule

A second DWI or DWAI-drug conviction also brings at least 5 days in jail or 30 days of community service (for a DWI within the prior 5 years).

Handbook p. 58 ↗

DWAI-Combination (alcohol and drugs)

DWAI-Combination (alcohol and drugs)
ConvictionFineJailLicense
1st (misdemeanor)$500 – $1,000Up to 1 yearRevoked at least 6 months
2nd within 10 yrs (class E felony)$1,000 – $5,000Up to 4 yearsRevoked at least 1 year
Handbook p. 58 ↗

DWAI (BAC more than .05 up to .07)

DWAI (BAC more than .05 up to .07)
ConvictionFineJailLicense
1st (traffic infraction)$300 – $500Up to 15 days90-day suspension
2nd within 5 yrs (infraction)$500 – $750Up to 30 daysRevoked at least 6 months
3rd within 10 yrs (misdemeanor)$750 – $1,500Up to 180 daysRevoked at least 6 months
Handbook p. 58 ↗

Know the rule

The fines shown don't include the mandatory surcharge or crime victims' assistance fee.

Handbook p. 58 ↗

Know the rule

A third or later conviction within 10 years can bring higher fines, longer jail and bigger license penalties, including lifetime revocation.

Handbook p. 58 ↗

Know the rule

Returning your license isn't automatic: DMV decides when, you must reapply, and you may have to pass a test. License actions for drivers under 21 are different.

Handbook p. 58 ↗

Put it into practice

A first-time DWI conviction at .10 BAC: a $500 to $1,000 fine plus surcharges, up to a year in jail, and a license revocation of at least six months. A second DWI within 10 years is a class E felony, with up to 4 years in jail.

Check your understanding

Read the question, decide on an answer, then open it to check the explanation. These are Roadwise study questions based on the source handbook.

What is the fine range for a first Aggravated DWI conviction?
  1. $500 to $1,000
  2. $300 to $500
  3. $2,000 to $5,000
  4. $1,000 to $2,500

Answer: $1,000 to $2,500

A first Aggravated DWI conviction carries a fine of $1,000 to $2,500.

Handbook p. 58 ↗
What is the fine range for a first DWI conviction?
  1. $500 to $1,000
  2. $1,000 to $2,500
  3. $300 to $500
  4. $100 to $250

Answer: $500 to $1,000

A first DWI conviction carries a minimum fine of $500 to $1,000.

Handbook p. 58 ↗
What is the maximum jail sentence for a second DWI conviction within 10 years?
  1. Up to 180 days
  2. Up to 1 year
  3. Up to 4 years
  4. Up to 25 years

Answer: Up to 4 years

A second DWI within 10 years is a Class E felony with up to 4 years in jail, versus up to 1 year for a first offense.

Handbook p. 58 ↗
Higher fines and longer jail sentences can result from a third or subsequent alcohol-related conviction within 10 years.
  1. True
  2. False

Answer: True

Higher fines, longer jail sentences, and increased license penalties, including lifetime revocation, may result from a third or subsequent conviction within 10 years.

Handbook p. 58 ↗
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