New York DUI Laws and Penalties (2026)
A complete guide to DUI and DWI laws in New York, including penalties for first and repeat offenses, BAC limits, license suspension rules, and when a DUI becomes a felony.
New York DUI At a Glance
First Offense DUI in New York
Up to 1 year jail, $500–$1,000 fine, 6-month revocation
New York has both DWI and DWAI charges
Second Offense DUI in New York
Up to 4 years, $1,000–$5,000 fine, 1-year revocation
When Does a DUI Become a Felony in New York?
In New York, a DUI typically becomes a felony charge at the 2nd offense within 10 years. Additional circumstances that can elevate a DUI to a felony include:
- Causing injury or death to another person while driving impaired
- Having a child passenger in the vehicle
- Having an extremely high BAC (typically 0.15% or 0.16%+)
- Driving on a suspended or revoked license due to a prior DUI
New York DUI BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Under 21 | 0.00%–0.02% (zero tolerance) |
| Commercial Driver (CDL) | 0.04% |
Refusing a Breathalyzer in New York
New York, like all U.S. states, has an implied consent law. By driving on New York roads, you implicitly consent to chemical testing (breath, blood, or urine) if lawfully arrested for DUI. Refusing a test will typically result in automatic license suspension, separate from any DUI conviction, and the refusal can be used against you in court.
DUI vs. DWI in New York
Different states use different terminology. New York uses DWI (Driving While Intoxicated) as its primary statute, though both alcohol and drug impairment can result in charges.
Finding a DUI Lawyer in New York
If you are facing a DUI charge in New York, it is strongly recommended to consult with a qualified DUI defense attorney as soon as possible. An attorney can:
- Review the circumstances of your arrest for procedural errors
- Challenge the accuracy of BAC testing equipment
- Negotiate for reduced charges or alternative sentencing
- Represent you at DMV hearings to contest license suspension