What to Expect After a First DWI in New York

Do you know what to expect after a first DWI in New York? The road to putting this all behind you may seem long, but you have plenty of people to assist you if you become overwhelmed. Your court contact or your attorney can always provide you next steps. And if you need Ignition Interlock assistance, Smart Start knows New York DWI law, and can get you back on the road right away with the most affordable Ignition Interlock and the most supportive, 24/7/365 customer service.

Let’s go over a timeline that shows what typically happens with a first DWI in New York.

A First DWI in New York

First, you should know that there are different limits of legal intoxication in New York. In New York, and across the U.S. except Utah, the legal BAC limit is .08. But for commercial vehicle drivers or those with a CDL license, this limit is .04. New York also defines a BAC level between .05 and .07 as a Driving While Ability Impaired or DWAI offense. If you are under 21-years-old, New York has a zero-alcohol tolerance law.

These are important to know because the penalties for a first DWI or DWAI differ based on circumstances like your BAC level, age and aggravating factors, among other considerations such as your record.

If you are arrested for a DWI or DWAI, a couple scenarios can occur when you go get processed in jail.

• You can either contact a bail bond company and bond out within hours, or
• Wait for a hearing with the judge. This occurs normally within 24 to 72 hours if you cannot bond out.

Ignition Interlock Requirements in New York

You should also keep in mind the Ignition Interlock Device or IID laws in New York. Your attorney may advise you to go install your IID prior to your court hearing. Normally, however, you will be asked to install an IID within 10 days upon a guilty plea or conviction of your DWI. It’s important to remember that you cannot drive without an IID during this period! Ask a friend or family member to drive you to your Ignition Interlock service center with the vehicle you plan on installing the device in. 

Court Hearing

You may have already gone through a hearing with your judge earlier, but otherwise this hearing will occur within 60 to 90 days from your arrest date.

If convicted, below are the typical penalties that can occur based off a first DWAI offense or a first DWI offense.

DWAI First Offense

• You may have to pay a fine and/or spend some time in jail
• License suspension for 90 days
• 3-year Driver Responsibility Assessment
• Requirement to attend a Victim Impact Panel 
• 10 days to install an IID from conviction
• 1-year IID for conditional discharge
• 3-year IID is possible for probation on a misdemeanor DWAI
• 5-year IID is possible for probation on a felony DWAI

DWI – First Offense or Misdemeanor Conviction Results in Criminal Record

• You may have to pay a fine and/or spend some time in jail
• Probation for 3 years
• Revocation of driver’s license for at least 6 months to 1 year
• Discretionary revocation of registration for at least 6 months to 1 year
• Driver Responsibility Assessment for 3 years
• Requirement to attend a Victim Impact Panel
• Requirement that you install and maintain a functioning IID in any motor vehicle that is owned or operated during the term of probation or conditional discharge, for not less than 6 months.
• Eligible for Impaired Driver Program
• Eligible for a conditional license

As far as your IID program, the requirement period is typically as follows:

• Conditional discharge – 1 year
• Probation – 2-plus years
• DMV (you received a letter from the DMV to install an IID) – 5 years

If you have any questions, feel free to call Smart Start to get on the road again with a reliable IID at (800) 831-3299. We are here to help you navigate through the DWI law with an affordable IID program and friendly service. We’ve helped many New York drivers since 1992, and we can help you, too.

Install a Smart Start Ignition Interlock or IID

Schedule your installation appointment and receive a quote by calling (800) 831-3299 or by filling out our online form.