What a DWI Really Costs in New York

People ask what a lawyer costs. The more useful question is what a conviction costs, because that is the number your defense is measured against. Pick an outcome and see the full bill, based on amounts published by the New York DMV.

What this is not. This is general information about New York law, not legal advice or a prediction. It can’t see your video, your paperwork or the breath instrument’s records, and those decide cases. Nothing you enter is sent anywhere; it stays in your browser.

New York DWI fines and penalties

Conviction (first offense)FineJail (maximum)License
DWAI (VTL 1192.1)$300 – $50015 days90-day suspension
DWI (VTL 1192.2, 1192.3)$500 – $1,0001 yearAt least 6-month revocation
Aggravated DWI (0.18+)$1,000 – $2,5001 yearAt least 1-year revocation
DWI, second within 10 years (felony)$1,000 – $5,0004 yearsAt least 1-year revocation

On top of the fine: a $395 surcharge for an alcohol-related misdemeanor ($520 for a felony), a $750 DMV Driver Responsibility Assessment, license fees, and for a DWI, an ignition interlock. A chemical test refusal adds a $500 civil penalty and its own $750 assessment.

DWI costs: frequently asked questions

How much does a first DWI cost in New York?

The fine is $500 to $1,000, but with the $395 surcharge, the $750 Driver Responsibility Assessment, license and program fees, the ignition interlock and higher insurance, the total is often several thousand dollars or more over three years.

What is the Driver Responsibility Assessment?

A DMV fee of $250 a year for three years ($750 total) after an alcohol- or drug-related driving conviction or a chemical test refusal finding.

Does a DWAI cost less than a DWI?

Yes. A DWAI has a lower fine, no ignition interlock requirement, and a 90-day suspension instead of a revocation, and it is a traffic infraction rather than a crime.

Talk to a former DWI prosecutor

Call or text (516) 939-1529, 24/7. The first consultation is free, in person, by video call or by phone call.

These tools are not a lawyer. We work to keep the numbers and the law on these pages accurate and up to date, but laws, fines and DMV rules change, and some information here may be incorrect or out of date. The results are general information, not legal advice, and using these tools does not create an attorney-client relationship. Always contact a lawyer to confirm the answers and how the law applies to your case. Call or text (516) 939-1529, 24/7.

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