What are the penalties for DWI or DWAI?
All alleged violations of section 1192 of the VTL are prosecuted as criminal offenses and conviction subjects the motorist to specified penalties that vary according to (a) the seriousness level of the particular offense, which ranges from a traffic infraction to a class D felony, and (b) the motorist’s record of certain prior driving-related convictions. Upon conviction, the court must always impose a fine (the lowest of which for the least serious offense is presently $355.00) and may, in addition, impose a period of incarceration (the longest of which for the most serious DWI offense is presently 7 years of imprisonment at a State correctional facility). In addition, a violation of any provision of section 1192 of the VTL or a refusal to submit to a properly requested chemical test automatically initiates separate administrative proceedings before the New York State Department of Motor Vehicles where determinations of a violation or a refusal result in a mandatory suspension or revo
