Penalties for Driving Violations in New York
New York State enforces strict laws for dangerous driving behaviours — especially those involving alcohol, drugs, or reckless conduct. As a new driver, you must understand the consequences of breaking the law. The penalties listed below may include licence suspension or revocation, fines, and jail time, even for first offences.
This page outlines the most serious violations covered in the course and includes official DMV and penal law consequences.
Refusing a chemical test (such as a breath, blood, or urine test) when stopped for suspected DWI carries automatic penalties — even if you are not convicted of DWI.
Offence | Penalty |
|---|---|
Refusing chemical test | Licence revocation: 1 year minimum; Fine: $500+ |
Refusal within 5 years of prior DWI charge | Licence revocation: 18 months minimum; Fine: $750+ |
Refusal by commercial driver | Licence revocation: 18 months minimum; Fine: $550+ |
Repeat refusal by commercial driver | Permanent CDL revocation; Fine: $750+ |
Refusal by driver under 21 | Licence revocation: 1 year; Fine: $400+ |
Repeat refusal under 21 | Licence revocation: 1 year+; Fine: $750+ |
Offence | Penalty |
|---|---|
Driving While Ability Impaired (DWAI) | Licence suspension: 90 days; Fine: $300+; Jail: up to 15 days |
DWAI – Under 21 | Licence suspension: 1 year+; Fine: $500+ |
Driving While Intoxicated (DWI) – Per Se | Licence revocation: 6 months; Fine: $500+ |
DWI – Under 21 | Licence revocation: 1 year+; Fine: $500+ |
Aggravated DWI | Licence revocation: 1 year+; Fine: $1,000+; Jail: up to 1 year |
DWAI – Drugs or Combination | Licence suspension: 6 months+; Fine: $500+; Jail: up to 1 year |
DWAI – Drugs or Combo – Under 21 | Licence suspension: 1 year+; Fine: $500+; Jail: up to 1 year |
Offence | Penalty |
|---|---|
Driver Responsibility Assessment (DRA) for DWI/DWAI/Refusal | $250/year for 3 years ($750 total) |
Zero Tolerance (BAC under 0.02) – Under 21 | Licence suspension: 6 months; Fines: $225+ |
Leandra’s Law (DWI with child in car) | Class E Felony; Jail: up to 4 years |
Ignition Interlock Device Requirement | Must be installed on all vehicles owned or operated by DWI offender for 1 year+ |
More serious driving-related offences fall under New York State Penal Law and may result in felony charges:
Offence | Charge | Maximum Sentence |
|---|---|---|
Vehicular Assault – Second Degree | Class E Felony | Up to 4 years |
Vehicular Assault – First Degree | Class D Felony | Up to 7 years |
Aggravated Vehicular Assault | Class C Felony | Up to 15 years |
Criminally Negligent Homicide | Class E Felony | Up to 4 years |
Vehicular Manslaughter – Second Degree | Class D Felony | Up to 7 years |
Vehicular Manslaughter – First Degree | Class C Felony | Up to 15 years |
Aggravated Vehicular Homicide | Class B Felony | Up to 25 years |
Key Takeaway
Driving impaired or recklessly in New York can ruin your record — or your life. Know the rules. Understand the risks. Choose safety, every time.