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New York DWI penalties breakdown: every component, line by line
Our New York DUI costs page gives the state overview. This page does the narrower job: each separate component of a New York DWI — the fine set by Vehicle and Traffic Law § 1193, the revocation, the ignition interlock term, and the Driver Responsibility Assessment that the DMV bills separately — with the statute that sets each one, and no added-up total, because the surcharge, the program fee and the county costs are billed outside the fine.
The fine: § 1193 sets $500–$1,000 for a first DWI and felony ranges after that
New York separates the offence into three grades, and the fine follows the grade. Driving while ability impaired (DWAI) under § 1192(1) — alcohol impairment short of intoxication — is a traffic infraction on a first offence: a fine of $300 to $500, up to 15 days in jail, and a 90-day license suspension. A first conviction for driving while intoxicated under § 1192(2), (2-a) or (3) is a misdemeanour: § 1193 sets the fine at not less than $500 and not more than $1,000, imprisonment of up to one year, and a license revocation of at least six months. A first aggravated DWI — a blood alcohol concentration of 0.18 or higher under § 1192(2-a) — carries a fine of $1,000 to $2,500 and a revocation of at least one year.
A second DWI conviction within ten years is a class E felony: a fine of $1,000 to $5,000, imprisonment of up to four years, and a revocation of at least one year. A third conviction within ten years is a class D felony: a fine of $2,000 to $10,000 and imprisonment of up to seven years, with permanent revocation possible depending on the driver's record. On top of the fine, the court imposes the mandatory surcharge and crime victim assistance fee prescribed by Penal Law § 60.35, and the sentencing court may impose probation — up to three years on a misdemeanour DWI — with its own conditions. Those amounts sit outside the § 1193 fine range, which is why this page quotes the fine the statute sets rather than a combined figure no statute publishes.
License, interlock and the assessment the DMV bills on its own schedule
The revocation is mandatory: at least six months for a first DWI, at least one year for a first aggravated DWI or a second DWI within ten years. Refusing a chemical test is handled civilly under § 1194 rather than in the criminal sentence: a first refusal brings a civil penalty of $500 and a revocation of at least one year, imposed through a DMV hearing even if the criminal charge is reduced or dismissed. A driver may be eligible for a conditional license while participating in the DMV's Impaired Driver Program, but eligibility depends on prior offences and the terms of the revocation.
Ignition interlock is mandatory on every DWI conviction. Under § 1193(1)(a) and the interlock provisions of § 1198, the court must order an interlock on any vehicle the driver owns or operates for the period of probation or conditional discharge, and in no event for less than six months. The device is leased from a county-monitored provider; the state sets the requirement and the term, not the lease price, so no device price is quoted here. Separately, the Driver Responsibility Assessment under § 1199 is a DMV charge, not a court fine: a driver convicted of an alcohol- or drug-related driving offence pays $250 a year for three years — $750 in total — billed by the DMV on its own schedule, and non-payment suspends the license independently of the court's sentence.
The Impaired Driver Program itself — the education and screening course that supports a conditional license — is delivered by certified providers, and screening or treatment beyond the classroom component is priced by the provider. New York publishes the program's structure, not a single statewide price for every provider, so this page records the requirement without inventing a fee. Our DUI classes page explains how program pricing works across states, and our interlock page covers the device side.
| DUI component | Published amount |
|---|---|
| Fine — first DWAI, traffic infraction (§§ 1192(1), 1193) | $300–$500; up to 15 days; 90-day suspension |
| Fine — first DWI, misdemeanour (§ 1193) | $500–$1,000; up to 1 year; revocation at least 6 months |
| Fine — first aggravated DWI, 0.18+ (§§ 1192(2-a), 1193) | $1,000–$2,500; up to 1 year; revocation at least 1 year |
| Fine — second DWI within 10 years, class E felony (§ 1193) | $1,000–$5,000; up to 4 years; revocation at least 1 year |
| Fine — third DWI within 10 years, class D felony (§ 1193) | $2,000–$10,000; up to 7 years; permanent revocation possible |
| Driver Responsibility Assessment (§ 1199) | $250 per year for 3 years ($750), billed by the DMV |
| Test refusal, first (§ 1194) | $500 civil penalty; revocation at least 1 year |
| Ignition interlock (§§ 1193, 1198) | Mandatory on DWI convictions; at least 6 months — device leased from a monitored provider, no state price |
Sources: New York Vehicle and Traffic Law §§ 1192, 1193, 1194, 1198, 1199; New York Penal Law § 60.35; New York DMV Driver Responsibility Assessment and Impaired Driver Program guidance. Last verified: October 2026.
The fine is one line in a longer stack — court costs, program fees, interlock, supervision and reinstatement all bill separately. Price the layers that apply to your case in the calculator.
Open the DUI cost calculatorWhat this state does not publish as a single figure
Two figures readers often ask for have no official New York source, and this page leaves them blank on purpose. There is no published figure for what a DWI does to the price of insuring a car in New York; the state requires proof of financial responsibility in defined cases, but premiums are set by insurers and are not a state charge — our SR-22 page covers the filing side. And there is no official combined "fine plus surcharges plus program" total: the surcharge is set by the Penal Law, the assessment by the DMV, and the program fee by the provider, so any single added-up number would be an estimate wearing an official costume.
County probation supervision charges, where probation is imposed, are set locally and stated in the sentencing paperwork rather than in a statewide table. The components above are the ones the Vehicle and Traffic Law, the Penal Law and the DMV publish uniform figures or ranges for, which is the standard this site prices to.
Common questions
- Why does the DMV bill $250 a year after the court case is over?
- Because the Driver Responsibility Assessment under § 1199 is an administrative charge tied to the conviction, separate from the criminal fine. It runs for three years at $250 a year, and the DMV suspends the license if it is not paid.
- Is a first DWAI the same as a first DWI?
- No. A first DWAI is a traffic infraction with a $300–$500 fine and a 90-day suspension; a first DWI is a misdemeanour with a $500–$1,000 fine, a revocation of at least six months, mandatory interlock, and a criminal record.
- What does a refusal add in New York?
- A first refusal carries a $500 civil penalty and a revocation of at least one year under § 1194, decided at a DMV hearing — see our test refusal page for the refusal framework.
Related cost guides: New York DUI costs overview, second-offense DUI costs, test refusal costs, ignition interlock costs.
Sources: New York Vehicle and Traffic Law §§ 1192, 1193, 1194, 1198, 1199; New York Penal Law § 60.35; New York DMV Driver Responsibility Assessment and Impaired Driver Program guidance. Last verified: October 2026. This page is educational information about costs only — not legal advice. Laws and fees change; confirm current figures with your court and your state's driver-licensing agency.