DWI Penalties Over 50 Years of Collective Legal Experience

Penalties of DWI

Dedicated Counsel from Our Binghamton DWI Attorneys

Anyone who drinks and drives in New York State can expect to face severe penalties for their crime. The first DWI someone gets in New York is classified as a misdemeanor in most cases. The second DWI is a felony if it happens within five years of when the first offense occurred. The third DWI within 10 years of that first offense escalates to an even more serious felony in New York, which has its own set of severe consequences. If you happen to get caught driving while intoxicated, then it's beneficial to hire a DUI lawyer in Binghamton to provide you with sound legal advice.

If you find yourself facing these charges, call us at (607) 367-7055 today. We can help you better understand your situation during your free consultation.

DWI Penalties in New York

The first thing to understand is that there are different crimes that you can be charged for.


DUI stands for driving under the influence. Your blood alcohol content is at or above the legal limit of .08 but under .18.

Consequences for 1st offense:

  • Misdemeanor
  • $1,000 to $500 fine to the state
  • Up to one year in jail
  • Minimum of 6 months license suspension

Consequences for 2nd offense within 10 years of the first:

  • Class E felony
  • Ignition interlock device installed in your vehicle
  • Minimum of one year license suspension
  • $1,000 to $5,000 fine to the state
  • Up to four years in jail (the minimum sentence is 30 days of community service or five days in jail)

Consequences for 3rd offense within 5 years:

  • Class D felony
  • 10 days in jail or 60 days of community service and up to 7 years in jail
  • Ignition interlock device installed in your vehicle
  • Either permanent revocation of your license or a minimum of one year suspension of license
  • $2,000 to $10,000 fine to the state


DWAI stands for driving while ability impaired by alcohol. Your blood alcohol content is under .08, which is the legal limit in the state. This is the lesser crime of the two, but it still comes with consequences for the person who gets charged.

Consequences for 1st offense:

  • Up to 15 days in jail
  • $300 to $500 fine to the state
  • License revocation for 90 days

Consequences for 2nd offense:

  • Minimum of 6 month license revocation
  • Up to 30 days in jail
  • $500 to $700 fine to the state

Consequences for 3rd offense with 10 years of the first offense:

  • Misdemeanor charge
  • Up to 180 days in jail
  • $750 to $1,500 fine to the state
  • Minimum of one year license revocation

Aggravated DUI

Your blood alcohol content while driving was .18 or higher. The consequences of this charge are similar to those of a regular DUI, although they do vary with each person and situation. The main difference with the consequences of this charge is that the duration of the revocation of license is generally greater. The license may also be permanently lost with multiple offenses.

Put Jackson Bergman, LLP on your Side

As former NYS prosecutors, Tom Jackson and Ben Bergman know the laws regarding DWI testing in New York State and are prepared to defend you against a DWI or DUI accusation.

Contact our Binghamton DWI lawyers today to begin examining your case.

Why Hire Jackson Bergman, LLP?

Reasons to Choose Our Firm
  • The Most Collective Experience in the Area
  • A Whole Team to Assist with Your Case
  • Vast Knowledge of Grand Jury Trials
  • Skilled in a Variety of Case Types
  • Former Prosecutor Experience

Free Case Evaluation

Call (607) 367-7055 or Submit this Form
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy