DWI / DWAI Penalties in Westchester County

• DWAI (Driving While Ability Impaired by Alcohol
• DWI (Driving While Intoxicated) – First Offense
• Driving While Intoxicated (DWI) as a Class "E" Felony
• Driving While Intoxicated (DWI) as a Class "D" Felony
• Aggravated DWI (Driving While Intoxicated) – First Offense
• Driving While Ability Impaired by Drugs
• Driving While Ability Impaired by Combined Influence of Alcohol/Drugs

Penalties include:

• A fine of between $300 and $500, up to 15 days in jail, or both;
• Suspension of the driver's license for 90 days (unless you the person is under 21 or possess a Commercial Driver's License ("CDL"));
• A surcharge of $255 ( $260 if the case is in either a Town or a Village Court);
• A driver responsibility assessment of $250 a year for 3 years;
• A requirement that the person attend a Victim Impact Panel (i.e. Mothers Against Drunk Driving "MADD"); and
• A requirement that the person attend a Drunk Driving Program ("DDP" program administered by the New York State Department of Motor Vehicles.

Penalties include:

• A fine of between $500 and $1,000, up to 1 year in jail, or both;
• A period of probation of 3 years;
• Revocation of your driver's license for at least 6 months;
• Discretionary revocation of your registration for at least 6 months;
• A surcharge of $395 ($400 if the case is in either a Town or a Village Court);
• A driver responsibility assessment of $250 a year for 3 years;
• A requirement that the person attend the Victim Impact Panel (i.e. Mothers Against Drunk Driving "MADD");
• A requirement that the person install and maintain a functioning ignition interlock device in any motor vehicle that they own or operate during the term of probation or conditional discharge, and in no event for less than 6 months. See our Ignition Interlock Device page for additional information; and
• A requirement that the person attend a Drunk Driving Program ("DDP") program administered by the New York State Department of Motor Vehicles.

Penalties include:

• A fine of between $1,000 and $5,000, up to 4 years in state prison, or both;
• A period of probation of 5 years;
• Revocation of the person's driver's license for at least 1 year. In addition, DMV will require evidence of alcohol evaluation and/or rehabilitation before the person will be issued a new driver's license. Notwithstanding that the Court may revoke the driver's license for one year, if a person is also sentenced to probation then, as a condition of probation, the person may be prohibited from driving while they are on probation;
• A surcharge of $520;
• A driver responsibility assessment of $250 a year for 3 years;
• A requirement that the person attend a Victim Impact Panel (i.e. Mothers Against Drunk Driving "MADD");
• A requirement that the person install and maintain a functioning ignition interlock device in any motor vehicle that you own or operate during their term of probation or conditional discharge, and in no event for less than 6 months. See our Ignition Interlock Device page for additional information;
• A requirement that the person attend a Drunk Driving Program ("DDP") program administered by the New York State Department of Motor Vehicles.