First Conviction

Driving while intoxicated in New York State is no small infraction. If you are stopped by an officer who administers a field sobriety test, then follows up with a chemical test, and the driver is found to have a blood alcohol concentration of at least .08, the driver is bound to face a harsh sentence.

Driving while intoxicated (DWI) is crime. A first conviction, considered a misdemeanor, will result in a substantial fine, mandatory surcharge, license revocation, and a possible jail sentence. An Aggravated DWI is something else entirely.

The state will fine a minimum of $500 and a maximum of $1,000 for a first conviction. Depending on the circumstances of the conviction, an additional jail sentence of up to a year is possible.

After an initial conviction, the state suspends a drunk driver's license for a minimum of six months. The law mandates that the offender participates in a Drinking Driver Program, and a conditional license may be awarded upon completion of the program if they are lucky.

The conviction will remain on the driver's permanent record as a misdemeanor. Plus, the convicted driver can expect his or her insurance premiums to skyrocket.

An aggravated DWI (BAC of .18 or higher) has far more severe consequences. Conviction of this first offense can result in double the fines of an average DWI conviction. Fines can be as steep as $2,500 in conjunction with a possible year-long jail sentence. A minimum of a one-year license revocation is also mandated.

In summary, the first DWI conviction in the State of New York entails:

• Fine: $1,000 - $2,500
• Jail sentence: Up to one year
• License revocation: One year or more