In New York state, a repeat Driving While Intoxicated (DWI) offender is one who has had 2 or more offenses within 10 years of each other. 

What are the Most Common Forms of Punishment for DWI?

For any DWI offense in New York, judges are usually given discretion as to the punishment depending on the circumstances. Some forms of punishment include: 

  • Licensing actions like suspension, revocation, or conditional (used primarily for 1st time offenders who demonstrate undue hardship after a minimum license suspension period)
  • Community service if mandated by the court as part of probation
  • Probation
  • Home confinement with electronic monitoring
  • Vehicle actions like ignition interlock or vehicle forfeiture
  • Vehicle registration suspension or revocation
  • Education and treatment programs
  • Special assessments or surcharges 

What Happens to a Repeat Offender After Each DWI Offense?

In New York, a DWI offense is punished according to the circumstances. Each subsequent offense incurs greater penalties, more severe fines and punishments:

  • 1st DWI offense
    $500 fine
    License suspension/revocation for 6 months
    Possible incarceration for 1 year or less
  • 2nd DWI offense is a Class E felony
    $1,000 fine
    License suspension/revocation for 1 year
    Vehicle Confiscation or ignition interlock if sentenced to probation
    Possible incarceration for 4 years or less
  •  3rd DWI offense is a Class D Felony
    $2,000 fine
    License suspension/revocation for 1 year
    Ignition interlock
    Possible incarceration for 7 years or less

Do I Need a Lawyer if I’m Charged With Another DWI?

Seeking the advice of a criminal law attorney is wise when facing DWI charges. An experienced New York DWI Lawyer can best advise you of your rights and can fully represent you in any criminal proceedings.

A qualified New York DUI/DWI lawyer can provide you more information if there is a legal basis for your case. For more local legal information, please see these pages: