New York State DWI Sentencing Chart — The Law Office of Tracy and Tracy | Staten Island Criminal Defense and Family Law

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

NYC DWI Sentencing Chart