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Holiday DWI Arrests in New York: Penalties and Next Steps

Oct 29, 2026

Between Thanksgiving and New Year's, police across New York step up impaired-driving enforcement with sobriety checkpoints and extra patrols. A holiday party, a few drinks, and a short drive home can end in an arrest that affects your license, your job, and your record. Here is what you need to know about New York's DWI laws and what to do if you are stopped.

New York's impaired driving charges

New York uses the term DWI (driving while intoxicated), not DUI. The main charges fall under Vehicle and Traffic Law § 1192:

  • DWAI (Driving While Ability Impaired) by alcohol: generally a BAC of more than .05 but less than .08. A first offense is a traffic infraction, not a crime, but it still carries fines of $300 to $500, up to 15 days in jail, and a 90-day license suspension.
  • DWI: a BAC of .08 or higher, or intoxication shown by other evidence. A first offense is a misdemeanor punishable by fines of $500 to $1,000, up to one year in jail, and at least a six-month license revocation.
  • Aggravated DWI: a BAC of .18 or higher. A first offense carries fines of $1,000 to $2,500, up to one year in jail, and at least a one-year license revocation.
  • Leandra's Law: driving while intoxicated or impaired by drugs with a child 15 or younger in the vehicle is a felony.
  • DWAI by drugs or by a combination of drugs and alcohol is also charged under § 1192.

A second DWI within ten years can be charged as a felony. A DWI conviction also generally requires installing an ignition interlock device in any vehicle you own or operate.

What if you refuse a breath test?

Under New York's implied consent law, refusing a chemical test after a DWI arrest triggers a separate DMV refusal hearing. A first refusal generally results in at least a one-year license revocation and a $500 civil penalty, even if you are never convicted of DWI. A refusal within five years of a prior DWI-related charge or refusal brings at least an 18-month revocation and a $750 civil penalty.

What to do if you are arrested

  • Stay calm and be polite. Provide your license, registration, and insurance when asked.
  • You do not have to answer questions about where you were or how much you drank. You can politely say you would like to speak with a lawyer.
  • Keep all of your paperwork, including tickets, any DMV refusal notice, and your court date.
  • Write down what you remember as soon as you can: where you were stopped, what the officer said, and what tests you took.
  • Contact a defense attorney quickly. In many cases your license can be suspended at your first court appearance, and early action matters for both the criminal case and any DMV hearing.

Plan ahead

The simplest way to avoid a holiday DWI is to plan your ride before the celebration starts: choose a sober driver, use public transit or a rideshare, or stay overnight.

How we can help

Maxwell Law Group, PLLC defends clients facing DWI and other criminal charges across New York State. If you or someone you love has been arrested, contact us to schedule a free consultation.

This article provides general information about New York law and is not legal advice. Penalties depend on the facts of each case and a person's prior record. Reading this article does not create an attorney-client relationship.