The “DWI Law” in New York includes 6 separate offenses, here we will compare first offenses for the 2 most common; Driving While Intoxicated and Driving While Ability Impaired.
Driving While Intoxicated (DWI) in New York
A conviction for the first DWI, either after trial or as a result of plea bargain, is a misdemeanor crime and the penalties are:
- A fine between $500-$1,000 and up to 1 year in jail, or both a fine and jail.
- A Court surcharge of $395 (rates periodically increase)
- A DMV Driver Responsibility fine of $250 each year for 3 years for a total of $750.
- Installation of an Ignition Interlock Device on the driver’s vehicle for a period of not less than 6 months.
- Driving License Suspension
- A Period of Probation or Conditional Discharge
- A permanent criminal record
Driving While Ability Impaired (DWAI) in New York
A conviction for the first DWAI, either after trial or as a result of plea bargain, is a non-criminal offense and the penalties are:
- A fine between $300-$500 and up to 15 days in jail, or both a fine and jail.
- A Court surcharge of $255
- A DMV Driver Responsibility fine of $250 each year for 3 years for a total of $750.
- A Period of Probation or Conditional Discharge
- Driving License Suspension
This comparison deals with only the difference between a DWI and DWAI. As you can see, there is a significant difference between the two charges and it is important to hire a lawyer to help ensure the best possible outcome of your case.