Criminal Defense Archives - The Law Office of Tracy & Tracy

New York DWI Laws and Penalties : All You Need to Know

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Last Modified on Jul 22, 2026

Over the years, New York DWI laws and penalties have been toughened, leading to particularly severe repercussions for those caught driving under the influence. In 2026, these laws continue to focus on how alcohol- and…

What Happens When You Get a DWI in NYC [With Penalty Guideline Chart]

By Brendan Tracy

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Criminal Defense

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Last Modified on Jul 22, 2026

Drunk driving is a serious crime in New York State, and we have some of the more strict DWI laws in the country. A DWI/DWAI conviction can result in the revocation of your license, driving…

What Is a Desk Appearance Ticket in NYC?

By Brendan Tracy

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Criminal Defense

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Last Modified on Jul 22, 2026

When a person is arrested in NYC, they first need to be processed by the police. They are then formally charged with the crime(s) and allowed to enter their plea of guilty, not guilty, no…

What To Do If You Get Arrested in New York City: 3 Things to Remember

By Brendan Tracy

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Criminal Defense

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Last Modified on Jul 22, 2026

If you or a loved one has been arrested in New York City, you may be scared or anxious. The most important thing to remember is to stay calm, take a deep breath, and be…

Violation	Mandatory Fine	Maximum Jail Term	Mandatory Driver License Action
Aggravated Driving While Intoxicated (BAC over .18)	$1,000 – $2,500	1 year	Revoked for at least 1 year
Driving While Intoxicated – DWI (BAC over .08) or Driving While Impaired by a Drug (DWAI-Drug)	$500 – $1,000	1 year	Revoked for at least six months
Driving While Ability Impaired by Alcohol – DWAI (BAC between .05-.07)	$300 – $500	15 days	Suspended for 90 days
Zero Tolerance Law – BAC between .02 -. 07 for drivers under 21	$125 civil penalty and $100 fee to terminate suspension	None	Suspended for six months
Chemical Test Refusal	$500 civil penalty ($550 for commercial drivers)	None	Revoked for at least one year, 18 months for commercial drivers.
Chemical Test Refusal -Zero Tolerance Law	$300 civil penalty and $100 re-application fee	None	Revoked for at least one year.
Driving Under the Influence (Out-of-State)	N/A	N/A	Revoked for at least 90 days. If less than 21 years of age, revoked at least one year.
Driving Under the Influence (Out-of State) with any previous alcohol-drug violation	N/A	N/A	Revoked for at least 90 days (longer term with certain prior offenses). If less than 21 years of age, revoked at least one year or until age 21 (longest term).
*Second and Third Offenses of the same charge or a combination of DWI/DWAI charges can result in Class E or D Felony Charges

Category: Criminal Defense

New York DWI Laws and Penalties : All You Need to Know

What Happens When You Get a DWI in NYC [With Penalty Guideline Chart]

What Is a Desk Appearance Ticket in NYC?

What To Do If You Get Arrested in New York City: 3 Things to Remember

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Category: Criminal Defense

New York DWI Laws and Penalties : All You Need to Know

What Happens When You Get a DWI in NYC [With Penalty Guideline Chart]

What Is a Desk Appearance Ticket in NYC?

What To Do If You Get Arrested in New York City: 3 Things to Remember

Recent Posts

Categories

Categories

Representing Clients Across

Staten Island and New York State

GET in touch

location

Phone Number

Staten Island and
New York State