⚖ Violation Reference
DWI — Driving While Intoxicated
NY Vehicle & Traffic Law § 1192(3) · Traffic & Driving
Legal information only — not legal advice. B-Legal is not a law firm and use of this site does not create an attorney-client relationship. Consult a licensed attorney before acting.
Overview
Operating a motor vehicle while intoxicated by alcohol (BAC 0.08% or higher, or impairment by common law standard). First offense is an Unclassified Misdemeanor. Second DWI within 10 years is an E Felony. Mandatory license revocation of at least 6 months (first offense). Ignition interlock required after conviction.
Fine Range
$500–$1,000 (first offense, Misdemeanor); $1,000–$5,000 (felony second offense within 10 yrs)
Surcharge
$395
How to Contest
- Retain a criminal defense attorney immediately
- Identify the basis of the stop — an unlawful stop may result in suppression
- Challenge field sobriety test administration (NHTSA standards must be followed)
- Challenge breathalyzer calibration, maintenance, and operator certification records
- Demand all video evidence: dashcam, body cam, booking room
Common Defenses
- Unlawful stop
- Breathalyzer malfunction or improper administration
- Medical condition affecting results (GERD, diabetes)
- Field sobriety tests improperly administered
- Rising BAC defense (BAC below 0.08 at time of driving)
Legal Information Only. This reference is sourced from publicly available NYC/NYS law. It is not legal advice and does not create an attorney-client relationship. Consult a licensed attorney before taking any action on a legal matter. Need representation? Find an attorney →