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1. What are the alcohol and drug-related violations in New York State?

• Driving While Intoxicated (DWI): 0.08 Blood Alcohol Concentration (BAC) or higher or other evidence of intoxication.
• Aggravated DWI: 0.18 BAC or higher.
• Driving While Ability Impaired (DWAI): 0.05 BAC to 0.07 BAC, or other evidence of impairment.
• DWAI/Combination: Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol.
• Chemical Test Refusal: A driver who refuses to take a chemical test (normally a test of breath, blood or urine) can receive a driver license revocation of at least one year (18 months for a commercial driver) and must pay a $500 civil penalty ($550 for a driver of commercial vehicles) to apply for a new driver license. A driver who refuses a chemical test during the five years after a DWI-related charge or previous refusal will have their driver license revoked for at least 18 months (permanent for a commercial driver) and must pay a $750 civil penalty to apply for a new driver license. If the driver is under age 21, and refuses a chemical test during the five years after a DWI-related charge or previous refusal, they will have their driver license revoked for at least one year or until age 21, whichever is longer and must pay a $750 civil penalty to apply for a new driver license.
• Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a. 002 BAC to 0.07 BAC violates the Zero Tolerance Law.

2. What are the penalties for alcohol-related or drug-related violations?

Violation (1)	Mandatory Fine (2)	Maximum Jail Term	Mandatory Drivers License Action (3)
Aggravated Driving While Intoxicated (A-DWI)	$1,000 to $2,500	1 year	Revoked for at least one year
Second A-DWI in 10 years (E felony)(1)	$1,000 to $5,000	4 years	Revoked for at least 18-months (5)
Third A-DWI in 10 years (D felony)(1)	$2,000 to $10,000	7 years	Revoked for at least 18-months (4,5)
Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug)	$500 to $1,000	1 year	DWI-Revoked for at least six months DWAI-Drugs - Suspended for at least six months
Second DWI/DWAI-Drug violation in 10 years (E felony)(1)	$1,000 to $5,000	4 years	Revoked for at least one year
Third DWI/DWAI-Drug violation in 10 years (D felony)(1)	$2,000 to $10,000	7 years	Revoked for at least one year (4)
Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination)	$500 to $1,000	1 year	Revoked for at least six months
Second DWAI/Combination in 10 years (E felony)(1)	$1,000 to $5,000	4 years	Revoked for at least one year/18 months (5)
Third DWAI/Combination in 10 years (D felony)(1)	$2,000 to $10,000	7 years	Revoked for at least one year/18 months (4,5)
Driving While Ability Impaired by Alcohol (DWAI)	$300 to $500	15 days	Suspended for 90 days
Second DWAI violation in 5 years	$500 to $750	30 days	Revoked for at least six months
Zero Tolerance Law	$125 civil penalty and $100 fee to terminate suspension	None	Suspended for six months
Second Zero Tolerance Law	$125 civil penalty and $100 re-application fee	None	Revoked for one year or until age 21
Chemical Test Refusal	$500 civil penalty ($550 for commercial drivers)	None	Revoked for at least one year, 18 months for commercial drivers
Violation (1)	Mandatory Fine (2)	Maximum Jail Term	Mandatory Driver License Action (3)
Chemical Test Refusal within five years of a previous DWI-related charge/Chemical Test Refusal	$750 civil penalty	None	Revoked for at least 18 months, one-year or until age 21 for drivers under age 21, permanent CDL revocation for commercial drivers
Chemical Test Refusal - Zero Tolerance Law	$300 civil penalty and $50 re-application fee	None	Revoked for at least one year.
Chemical Test Refusal - Second or subsequent Zero Tolerance Law	$750 civil penalty and $50 re-application fee	None	Revoked for at least one year.
Driving Under the Influence - (Out-of-State)	N/A	N/A	Suspended for 6 months; if less than 21 years of age, revoked at least one year
Driving Under the Influence - (Out-of State) with any previous alcohol-drug violation	N/A	N/A	Suspended for 6 months; if less than 21 years of age, revoked at least one year or until age 21 (longest term)

1. Greater penalties can also apply for multiple alcohol or drug violations within a 10-year period.
2. Surcharges are added to misdemeanors ($160) and felonies ($270).
3. The driver license penalties for drivers under the age of 21, and for drivers of commercial motor vehicles and other professional drivers, are different.
4. Three or more alcohol or drug-related convictions or refusals within 10 years can result in permanent revocation, with a waiver request permitted after at least 5 years.
5. A driver with an Aggravated DWI violation conviction within the prior 10 years will receive a minimum 18-month revocation if convicted of DWI, DWAI/Drugs or DWAI/Combination. Also a driver with a prior DWI, Aggravated DWI, DWAI/Drugs or DWAI/Combination with the prior 10 years will receive a minimum 18-month revocation.

3. Can I get a conditional license if I was convicted of DWI or DWAI?

If you receive your first conviction for DWI or DWAI and you participate in the Drinking Driver Program (DDP), you can receive a conditional license. The DMV determines if you are eligible for the DDP. A judge can stop your enrollment in the DDP. To get complete information read the DMV brochure, The Impaired Driver Program.

The law mandates participation in the DDP, even if the driver is not eligible for a conditional license, for convictions of specific alcohol or drug-related violations, or in specific plea-bargaining situations.