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What Penalties Come With A First Time DWI Offense In New York?

The penalties for a first time DWI Offense in New York vary depending upon the particular facts of the case. What this means is that your Blood Alcohol Content (BAC), your age, and whether you refused a chemical test can ultimately determine the outcome of the case as to penalties. Obviously, a motor vehicle accident can also complicate and increase the severity of the crime, regardless of whether it is your first offense or not.

A sizable majority of those convicted of DWI are convicted pursuant to VTL 1192.2 (driving with .08 of one percent or more of alcohol). The underlying sentence for this charge if convicted is up to one (1) year in prison, probation for up to three (3) years, and up to $1,000 in fines plus $395 in mandatory DWI surcharges.

There is also the possibility, depending on the particular facts and circumstances, that your DWI lawyer on Long Island can work out a sentence that does not involve prison or probation, but rather a conditional discharge which is essentially one (1) year of unsupervised probation.

Regardless of whether the sentence involves prison, probation, or a conditional discharge, there are other mandatory requirements if convicted of a DWI. These requirements include the installation of an Ignition Interlock Device (IID) for the period of probation if probation encompasses part of the sentence, or up to one (1) year of the IID if sentenced to a conditional discharge. Note there can be serious consequences for circumventing the interlock requirement that may result in additional charges as a violation of probation or conditional discharge.

There is also a mandatory six (6) month license revocation that increases to one (1) year of convicted of VTL 1192.2A (aggravated DWI) when the BAC is .18 or higher. The one (1) year revocation also applies if the motorist is under 21 years of age at the time of the violation. Note that your DWI attorney should try to secure a 20-day stay of the revocation so you may obtain a post-conviction conditional license and enroll in the mandatory Impaired Driver Program (IDP) which will allow you keep your conditional license during the revocation period.

There is the further requirement to attend the Victim Impact Panel (VIP) session which is sponsored by MADD. This full-day session explains to attendees the dangers associated with drinking while driving. 

There are other consequences that result in first time DWI offenders if sentenced under other provisions of VTL 1192.3 or VTL 1192.4, but that will be covered under a separate blog.

If you need an experienced Long Island DWI attorney, please contact us at the Law Offices of Michael W. Alpert at (516) 280-7288 or e-mail: