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New York

NOTE: New York has a Prompt License Suspension Law

A judge is REQUIRED to suspend your driver’s license and driving privileges for a DWI charge. However, you may possibly be eligible for a hardship license.


2 Important Steps to Follow If You Have Been Charged with a DWI in New York


  1. Understand a DWI charge is a serious matter.
    If you are convicted of DWI in New York, the consequences will follow you for a long time. Having a criminal record can severely hinder your future, employment opportunities, and may limit the freedoms you enjoy.
  2. Promptly hire an experienced DWI Defense Attorney.
    DWI laws and courtroom proceedings can be confusing to understand on your own. Partnering with an attorney who has experience assisting people charged with drunk driving can make an incredible difference in your case. For assistance, please call ###-###-###, or select your country from the menu provided above and proceed from there.


Every DWI attorney on DWI.com offers an initial free consultation to discuss your DWI charge with you.


To start fighting your DWI charge in the state of New York, please scroll up to the drop-down menu to find a New York DWI defense attorney in your county.  Time is a critical factor in beginning a DWI case, so click now.


New York DWI / DWAI Laws


DWI – Driving While Intoxicated

DWAI – Driving While Ability Impaired

DWAI / Drugs – Driving while ability impaired while using a drug that is not alcohol


If you have been arrested for any of the above alcohol and drug related offenses, then you have two cases:


Case 1 – your NY driver’s license will be revoked. Refusal to take a breath test in the state of New York will result in an automatic suspension of your driving privileges for 6 months.


Case 2 – Criminal action is taken against you for your New York DWI/DWAI/Drug offense. Expect fines between $125 – $10,000, and possible jail time from 1-7 years. It is crucial to act fast to get the best New York DWI defense attorney possible to bring you the best result in your DWI case.


Surcharges may be added as well. $160 to misdemeanors. $270 to felonies.

New York driver’s license penalties are different for people under 21 years old, as well as for professional drivers.


Conditional licenses for people convicted of New York DWI or DWAI


A conditional license may be provided to a first time offender for DWI who has also completed the New York Drinking Driver Program (DDP). Eligibility for the DDP is determined by the New York DMV. Please note: a judge can stop your enrollment in DDP.


A recent change to the NYS Vehicle and Traffic Law requires an assessment to be paid to the DMV for certain traffic violations.


The Driver Responsibility Program exists to prevent repeated traffic violations by New York drivers to improve traffic safety – it applies to all drivers who operate a vehicle in the state of New York, regardless of where they are licensed.


Info on Driver Responsibility Assessments


The driver responsibility assessment is paid to the DMV each year for 3 years. It is paid in addition to any fines, fees, penalties, or surcharges you pay for a traffic conviction.


You can pay driver responsibility assessments whether you have a NYS driver’s license, or the driving incident happened in NYS.


You must pay driver responsibility assessment if any of the following occur in New York State:


  • you are convicted of an alcohol-related traffic violation and the violation occurred on or after November 18, 2004 (includes boats and snowmobiles); or
  • you are convicted of a drug-related traffic violation and the violation occurred on or after November 18, 2004 (includes boats and snowmobiles); or
  • a DMV hearing determines that you refused a chemical test and the refusal occurred on or after November 18, 2004 (includes boats and snowmobiles); or
  • you receive six or more points on your NYS driver record during a period of 18 months and the violations occurred on or after November 18, 2004.


How to know if you must pay the driver responsibility assessment:

The DMV will send a statement to you if you are required to pay an assessment. It will list the information about what you are expected to pay.


The type of traffic violation as well as your amount of driver violation points will determine the amount of the driver responsibility assessment you must pay.


If convicted of a traffic violation related to drugs or alcohol, or if you refused a chemical test, then the yearly assessment is $250.  And the total assessment for 3 years comes to $750.


If your driver’s record receives 6 points within a period of 18 months, the annual assessment will be $100. And the total assessment for 3 years comes to $300. However, if you receive more than 6 points on your driver record in an 18 month period, then you will have to pay an extra $25 assessment per point after 6.