Larkin Ingrassia Andrews Criminal Defense Attorneys | December 29, 2025 | DWI
In Orange County, New York, driving while intoxicated (DWI) results in harsh penalties, both criminal and administrative, which become more severe with each additional violation. To name just a few examples of many, repeat offenders can face mandatory jail sentences and longer license suspensions that first-time offenders may not be subject to.
Learning about how New York penalizes DWIs can help you make informed decisions about your defense case and your future, so read on for the information you need to know.
First-Offense DWI in New York
A first DWI offense in New York is typically classified as a misdemeanor under Vehicle and Traffic Law § 1192(2) or § 1192(3). A driver is considered legally intoxicated with a blood alcohol concentration (BAC) of 0.08% or higher.
For a first DWI conviction, penalties may include:
- Fines: Between $500 and $1,000
- Jail time: Up to 1 year in county jail (though probation is common for first-time offenders)
- License revocation: At least six months
- Ignition interlock device: At least six months
While some drivers qualify for a conditional license to drive to work or school, this is not guaranteed. A first-time DWI conviction also creates a criminal record that could have additional consequences as well.
Second-Offense DWI in New York
A second DWI within 10 years of the first conviction is classified as a Class E felony, a much more serious charge. The court and Department of Motor Vehicles (DMV) will treat you as a repeat offender in these circumstances, leading to enhanced penalties.
Potential penalties for a second DWI conviction in New York include:
- Fines: Between $1,000 and $5,000
- Jail time: A minimum of 5 days (if within 5 years of the first offense) and up to 4 years in state prison
- License revocation: At least one year
- Testing: Alcohol assessment in some cases
- Ignition interlock device: At least six months
The consequences of a felony conviction can dramatically impact your freedom going forward.
Third-Offense DWI in New York
A third DWI within 10 years is classified as a Class D felony, which carries life-altering consequences. Courts and prosecutors in New York take repeat impaired driving extremely seriously, often imposing the harshest penalties allowed by law.
Possible penalties for a third-offense DWI include:
- Fines: Between $2,000 and $10,000
- Jail time: Up to 7 years in state prison, with a minimum of 10 days if within 5 years of the previous offense
- License revocation: At least one year, though could be permanent in some cases
- Ignition interlock device: At least six months
- Testing: Alcohol assessment in some cases
A third conviction is even less likely to be treated leniently by the court.
Aggravating Factors and Additional Consequences
Certain factors can increase the potential DWI penalties in New York for first-time and repeat offenders alike.
These aggravating circumstances include:
- A BAC of 0.18% or higher (Aggravated DWI)
- Causing an accident that results in injury or death
- Driving with a child under 16 in the vehicle (Leandra’s Law violation)
- Refusing a chemical test under New York’s implied consent law, which results in automatic license revocation for one year and additional civil penalties
Beyond the court-imposed penalties, a DWI conviction can raise your insurance premiums and lead to difficulty finding housing and employment opportunities.
Call Larkin Ingrassia Andrews Criminal Defense Attorneys for a Free Consultation With an Orange County DWI Attorney
If you’ve been charged with DWI in New York, legal representation can make a critical difference in how your case plays out. For example, an experienced criminal defense lawyer can challenge the validity of the traffic stop and any tests that were conducted, all of which must comply with strict procedural standards. Further, in some cases, your attorney also may be able to negotiate to have your charges reduced or dismissed, though this is never guaranteed.
It may not be too late to respond appropriately and receive a favorable outcome under the law. Schedule a free consultation with an Orange County DWI lawyer today to get started with your case.
We proudly serve Orange County, Ulster County, and their surrounding areas:
Larkin Ingrassia Andrews Criminal Defense Attorneys – Middletown
626 E Main St
Middletown, NY 10940
(845) 566 5345
Larkin Ingrassia Andrews Criminal Defense Attorneys – Newburgh
356 Meadow Ave
Newburgh, NY 12550
(845) 566-5345
Larkin Ingrassia Andrews Criminal Defense Attorneys – Kingston
233 Fair St Suite #1
Kingston, NY 12401
(845) 566-5345