What are the penalties for alcohol-related or drug-related violations?
Violation (1)Mandatory Fine (2)Maximum Jail TermMandatory Drivers License Action (3)
Aggravated Driving While Intoxicated (A-DWI)$1,000 to $2,5001 yearRevoked for at least one year
Second A-DWI in 10 years (E felony)(1)$1,000 to $5,0004 yearsRevoked for at least 18-months (5)
Third A-DWI in 10 years (D felony)(1)$2,000 to $10,0007 yearsRevoked for at least 18-months (4,5)
Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug)$500 to $1,0001 yearDWI-Revoked for at least six months DWAI-Drugs - Suspended for at least six months
Second DWI/DWAI-Drug violation in 10 years (E felony)(1)$1,000 to $5,0004 yearsRevoked for at least one year
Third DWI/DWAI-Drug violation in 10 years (D felony)(1)$2,000 to $10,0007 yearsRevoked for at least one year (4)
Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination)$500 to $1,0001 yearRevoked for at least six months
Second DWAI/Combination in 10 years (E felony)(1)$1,000 to $5,0004 yearsRevoked for at least one year/18 months (5)
Third DWAI/Combination in 10 years (D felony)(1)$2,000 to $10,0007 yearsRevoked for at least one year/18 months (4,5)
Driving While Ability Impaired by Alcohol (DWAI)$300 to $50015 daysSuspended for 90 days
Second DWAI violation in 5 years$500 to $75030 daysRevoked for at least six months
Zero Tolerance Law$125 civil penalty and $100 fee to terminate suspensionNoneSuspended for six months
Second 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
Violation (1)Mandatory Fine (2)Maximum Jail TermMandatory Driver License Action (3)
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)
  1. Greater penalties can also apply for multiple alcohol or drug violations within a 10-year period.
  2. Surcharges are added to misdemeanors ($160) and felonies ($270).
  3. The driver license penalties for drivers under the age of 21, and for drivers of commercial motor vehicles and other professional drivers, are different.
  4. 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.
  5. 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.

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1. What are the alcohol and drug-related violations in New York State?
2. What are the penalties for alcohol-related or drug-related violations?
3. Can I get a conditional license if I was convicted of DWI or DWAI?