New York DUI/DWI Laws: Penalties, Court Process, and Records

The most common terms used in the United States to describe impairment caused by alcohol or drugs are Driving Under the Influence (DUI) and Driving While Intoxicated (DWI). In New York, the law applies the term DWI to describe a criminal offense that may carry significant penalties.

Also, the state uses DWAI (Driving While Ability Impaired) to refer to a traffic infraction involving a blood alcohol content lower than that required for a DWI charge. A good knowledge of New York’s DWI and DWAI laws, potential penalties, the arrest and court process, access to related records, and how long these offenses may remain on record may save you a lengthy sentence.

What Is a DWI or DWAI in New York?

The New York Vehicle and Traffic Law §1192 is the foundation of New York’s impaired driving laws. This law divides impaired driving offenses into several categories:

• Driving While Intoxicated (DWI - per se): Operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher.
• Driving While Intoxicated (common law): Driving a vehicle while impaired to a substantial extent by alcohol, even without a BAC reading.
• Aggravated Driving While Intoxicated: Operating a vehicle with a BAC of 0.18% or higher, or driving with a passenger under 15 while intoxicated.
• Driving While Ability Impaired by Alcohol (DWAI/Alcohol):Driving with impairment caused by alcohol when BAC is more than 0.05% but less than 0.07%.
• Driving While Ability Impaired by Drugs (DWAI/Drugs): Operating a vehicle while impaired by a controlled substance.
• Driving While Ability Impaired by a combination of Alcohol and Drugs (DWAI/Combination): An impairment caused by both alcohol and drugs.

DWI/DWAI Penalties in New York

In New York, courts look back 10 years at past traffic offenses when setting penalties. The punishment depends on the type of charge and how many past convictions exist.

• First DWAI

This is a traffic violation punishable by a fine of up to $500, 15 days in jail, and a 90-day license suspension

• First DWI or DWAI-Drugs

In New York, a first DWI or DWAI-drugs offense is deemed a misdemeanor with fines of $500 to $1,000, up to one year in jail, and a six-month license revocation. In addition, the court may require the installation of an ignition interlock device (IID).

• Aggravated DWI

A first aggravated DWI is considered a misdemeanor with fines of $1,000 to $2,500, at least one year of license revocation, and up to one year in jail.

• Second DWI/DWAI-Drugs (within 10 years, Class E felony)

A second DWI or DWAI-drugs committed within 10 years is categorized as a Class E felony. The penalty is a fine of $1,000 to $5,000, up to four years in prison, and a license revocation of one year.

• Third DWI/DWAI-Drugs (within 10 years, Class D felony)

The penalty for this category is seven years in prison, a fine of $2,000 to $10,000, a license revocation of at least one year, mandatory surcharges, and an ignition interlock device.

In New York, Leandra’s Law makes it a felony to drive while intoxicated with a child under 16 in the vehicle. It also requires anyone convicted of DWI to install and keep an ignition interlock device on any vehicle they operate.

DWI/DWAI Arrest and Court Process in New York

In New York, an impaired driving charge is handled by the DMV and also by the courts:

• Traffic Stop and Arrest: Officers may stop the driver and check for signs of intoxication. The driver is arrested if they fail the chemical or sobriety tests.
• Booking and Charges: At the police department, the driver is photographed, fingerprinted, and charged with DWI by the arresting law enforcement.
• Arraignment: The driver appears before a judge, is told the formal charges, and must enter a plea of guilty, not guilty, or no contest.
• Pre-Trial: Lawyers may challenge the evidence presented or discuss possible plea deals with the prosecutor.
• Trial: If unresolved, the case goes to trial, where a judge or jury decides if the driver is guilty.
• Sentencing: If the driver is convicted or pleads guilty, the judge can issue penalties like jail time, fines, or a license revocation.

Within New York, some counties operate DWI courts that focus on rehabilitation for repeat offenders.

How to Search for DWI/DWAI Records in New York

Records of DWI and DWAI cases in New York are open to the public and can be found through multiple entities:

• New York State Unified Court System (WebCrims & eCourts): By entering the defendant’s name or docket number, users can find both pending and disposed DWI or DWAI cases through the WebCrims and eCourt system.
• New York Department of Motor Vehicles (DMV): License holders can request their driving abstract from the DMV either online, in person, or by mail. This document shows alcohol- or drug-related driving violations linked to a license.
• County Clerk or local court: Case files and judgment dockets in DWI/DWAI cases can be reviewed by the public at the court where the case was heard.
• New York State Division of Criminal Justice Services (DCJS): This office keeps official criminal history records often called rap sheets. These records contain details on arrests and outcomes such as DWI or DWAI convictions.

DWI and DWAI records provide information such as blood alcohol concentration levels, the status of the license, the penalties ordered by the court, and the nature of the case.

How Long Does a DWI/DWAI Stay on Your Record in New York?

In New York, DWI and DWAI records for retained on a person’s record for a long period of time:

• Criminal Record: A DWI/DWAI conviction remains on a criminal record permanently unless sealed under limited circumstances.
• Driving Record: A DWI conviction stays on a person’s record for 15 years from the date of conviction. On the other hand, DWAI convictions stay on driving records for 10 years.
• Insurance: Auto insurance can be affected by a DWI or DWAI conviction for about 3 to 5 years.

New York is one of the states with strict impaired driving laws in the United States. The state has multiple categories of offenses and considers repeated DWI cases as a felony. DWI and DWAI records are maintained by multiple entities within the state such as the New York DMV, courts, and the DCJS. The long-lasting effects of these offenses on a person’s record make it crucial to understand New York’s DWI/DWAI laws.