DUI Laws in New York State: DWI Penalties, Leandra’s Law and Zero Tolerance (2026)
Short answerYes. Under Vehicle and Traffic Law § 1192, driving with a blood alcohol content (BAC) of .08 or higher is a DWI misdemeanor in New York, .18 is aggravated DWI, and repeat offenses within 10 years become felonies. Drivers under 21 face a .02 limit.
Last verified: November 4, 2026 against Vehicle and Traffic Law Article 31 and the NY DMV alcohol and drug penalty table
The DUI laws in New York State go by the name DWI, short for driving while intoxicated, and the lesser charge DWAI, driving while ability impaired. The rules sit in Vehicle and Traffic Law (VTL) Article 31, and they apply the same way in New York City, on Long Island and upstate. This page covers the BAC limits, the penalties for each charge, Leandra’s Law, the implied consent rule, the zero tolerance law and whether DUI checkpoints are legal in NY.
Key facts
- DWI starts at .08 BAC, or at .04 for commercial drivers, or on other evidence of intoxication.
- Aggravated DWI starts at .18 BAC.
- DWAI by alcohol (
VTL § 1192(1)) turns on impaired driving ability, not a set BAC. A BAC of .07 to under .08 carries prima facie weight, and a BAC of .05 or less is prima facie evidence of no impairment. - Drivers under 21 break the zero tolerance law at .02 to .07 BAC.
- A second DWI within 10 years is a class E felony.
- Refusing a chemical test costs you your license for at least one year, even if the DWI charge fails.
NY DWI laws: the charges and BAC limits
New York has several drunk driving charges, and each one has its own limit and penalty.
| Charge | Standard | Statute |
|---|---|---|
| DWAI (alcohol) | Ability to drive impaired by alcohol. No set BAC: .05 or less is prima facie not impaired, and .07 to under .08 carries prima facie weight (VTL § 1195(2)) | VTL § 1192(1) |
| DWI | .08 BAC or higher, or other evidence of intoxication | VTL § 1192(2), (3) |
| Aggravated DWI | .18 BAC or higher | VTL § 1192(2-a)(a) |
| DWAI (drugs) | Ability impaired by a drug other than alcohol | VTL § 1192(4) |
| DWAI (combination) | Ability impaired by drugs and alcohol together | VTL § 1192(4-a) |
| Commercial driver DWI | .04 BAC or higher in a commercial motor vehicle | VTL § 1192(5) |
A police officer can charge you even with a lower test result if the officer saw signs of intoxication, such as slurred speech, poor balance or erratic driving. New York has no set THC limit, so a drugged driving charge rests on proof of impairment. If you use cannabis, read the New York cannabis rules and never drive after using it.
New York DWI penalties by offense
A first DWI is a misdemeanor, not a traffic ticket, and it brings a criminal record, a fine, possible jail and a license revocation. These figures come from the NY DMV penalty table.
| Offense | Fine | Maximum jail or prison | License action |
|---|---|---|---|
| DWAI (alcohol), first | $300 to $500 | 15 days | Suspended 90 days |
| DWAI, second in 5 years | $500 to $750 | 30 days | Revoked at least 6 months |
| DWI, first (misdemeanor) | $500 to $1,000 | 1 year | Revoked at least 6 months |
| Aggravated DWI, first (misdemeanor) | $1,000 to $2,500 | 1 year | Revoked at least 1 year |
| DWI, second in 10 years (class E felony) | $1,000 to $5,000 | 4 years | Revoked at least 1 year |
| DWI, third in 10 years (class D felony) | $2,000 to $10,000 | 7 years | Revoked at least 1 year |
The court adds a mandatory surcharge, a crime victim assistance fee and an alcohol fee. The DMV lists these at $395 for a misdemeanor and $520 for a felony, with $5 more in a town or village justice court. A prior aggravated DWI within 10 years means a revocation of at least 18 months on a new conviction. Two qualifying convictions or refusals within 4 years, or three within 8 years, can lead to permanent revocation under VTL § 1193(2)(b)(12), and the DMV may waive it after at least 5 years.
Leandra’s Law in New York
Leandra’s Law makes it a class E felony to drive drunk with a child age 15 or younger in the vehicle. The Legislature passed it in 2009 after 11-year-old Leandra Rosado died in a New York City crash, and it is also searched as Leandra law NY.
- Felony charge: a first offense with a child 15 or younger in the car is a class E felony under
VTL § 1192(2-a)(b), with up to 4 years in prison. - Ignition interlock: a judge must order an ignition interlock device on any vehicle you own or operate after a DWI conviction, as a condition of probation or conditional discharge.
- Child protection report: a parent or guardian who is arrested under the law is reported to the Statewide Central Register of Child Abuse and Maltreatment.
NY implied consent law and chemical test refusal
New York’s implied consent law, VTL § 1194, says that by driving on a public road you agree to a breath, blood or urine test if you are arrested for DWI. A request for a test must come within two hours of your arrest.
If you refuse, the DMV holds a separate refusal hearing. A refusal brings a $500 civil penalty ($550 for commercial drivers) and a revocation of at least one year, or 18 months for commercial drivers. A refusal within five years of a prior DWI-related charge or refusal brings a $750 penalty and at least 18 months of revocation. The prosecutor can also tell a jury that you refused. The revocation applies even if you are later found not guilty of DWI.
NY zero tolerance law for drivers under 21
The New York zero tolerance law, VTL § 1192-a, bars drivers under 21 from driving with a BAC of .02 to .07. That is about one drink for many people.
- First violation: a $125 civil penalty, a $100 fee to end the suspension and a six-month license suspension. There is no jail.
- Second violation: revocation for one year or until age 21, whichever is longer, plus the $125 penalty and a $100 re-application fee.
- At .08 or higher: an under-21 driver faces the regular DWI charge, not just the civil zero tolerance case.
Are DUI checkpoints legal in NY?
Yes, DUI checkpoints are legal in New York when police run them under a neutral, advance plan instead of stopping cars at an officer’s whim. The US Supreme Court approved sobriety checkpoints in Michigan Department of State Police v. Sitz (1990). New York State Police and county sheriffs run them most often around holidays, and local departments in New York City run them too.
A stop at a lawful checkpoint is brief. If the officer smells alcohol or sees impairment, the stop can lead to field tests and an arrest. Roving random stops with no checkpoint plan and no reason to suspect a violation are a different matter and can be challenged in court.
New York vs New Jersey, Connecticut and Pennsylvania
All four neighboring states use .08 as the standard DWI limit. New York stands out for its .18 aggravated tier, its felony charge for a child passenger and its 10-year look-back for repeat felonies. New York can also act on an out-of-state DUI conviction against a New York license, and the DMV treats it based on the equivalent New York offense, so the result depends on the record.
What to do if you are stopped or charged with DWI
- Pull over safely, stay calm and give your license, registration and insurance card.
- You do not have to answer questions about how much you drank.
- Ask to speak to a lawyer before any decision on a chemical test, and remember that a refusal has its own penalties.
- Write down what happened as soon as you can.
- Watch the deadline on the DMV paperwork. A refusal hearing and a license suspension have dates that run apart from the criminal case.
DWI in New York FAQ
What is the legal BAC limit in New York?
The limit is .08 BAC for most drivers, .04 for commercial vehicle drivers and .02 for drivers under 21. Aggravated DWI starts at .18. You can also be charged below .08 if the officer shows that alcohol impaired your driving, which is the DWAI charge. DWAI has no fixed BAC, but a reading of .07 to under .08 counts as prima facie evidence of impairment.
Is a first DWI a felony in New York?
Usually no. A first DWI is a misdemeanor, with up to one year in jail and a fine of $500 to $1,000. It becomes a class E felony if you have a prior DWI within 10 years, or if a child 15 or younger was in the car under Leandra’s Law.
Can I refuse a breath test in New York?
You can refuse, but the implied consent law attaches penalties. The DMV imposes a $500 civil penalty and revokes your license for at least one year, and a jury may hear that you refused. A roadside breath screening before arrest is handled differently from the chemical test after arrest.
How long does a DWI stay on your record in New York?
A DWI conviction stays on your criminal record unless it is sealed, and sealing is only available in limited cases under New York law. A prior DWI counts toward felony charges and longer revocations for 10 years in most repeat cases, and the DMV keeps its own driving record, so check your abstract with the DMV.
What is the New York zero tolerance law?
It applies to drivers under 21 who test at .02 to .07 BAC. The penalty is a six-month license suspension, a $125 civil penalty and a $100 fee to end the suspension. It is a civil matter with no jail, but it can raise car insurance costs.
Can I get a conditional license after a DWI?
Often yes. The DMV can issue a conditional license for work, school and treatment trips to people who complete the Drinking Driver Program. It is not available if you took part in the program or were convicted under VTL § 1192 within the prior five years, and the DMV decides each case, so check your own paperwork.
What changed on this page
- November 4, 2026: first published, using the current NY DMV penalty table and VTL Article 31. This page will be updated if the Legislature changes the DWI limits or penalties. Read how we handle fixes on our corrections page and how we write on our editorial policy page.
If this affects you
A DWI charge has two tracks: the criminal court and the DMV. Contact the NY DMV about license actions and hearings, and talk to a New York-licensed criminal defense attorney before you plead to anything. The New York State Bar Association lawyer referral service can point you to a lawyer in your county. This page is general information, not legal advice. For more rules of the road, see our driving laws category and our guide to New York alcohol laws and open containers.
