Is a DWI a felony in New York?
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On a second inside ten years — the fastest ladder in the country. Most states need a third or fourth conviction. New York needs a second within ten years for a class E felony, and a third within ten years is a class D felony with a fine of $2,000 to $10,000. The interlock condition attaches to the sentence in both cases, for no less than twelve months.
Written any number of ways — a 3rd DWI, a DWI 3rd, a felony DWI, or simply a DWI in NY — and the paperwork will use none of them. New York charges it under a section number, and that is what decides the range below.
Grade. Class E felony
Confinement. Set by the penal law for the class
Fine. $1,000 to $5,000
New York State Senate, VTL § 1193 · N.Y. Veh. & Traf. Law § 1193(1)(c) · checked 2026-09-04
The facts that make a DWI a felony here
Each line below is a separate provision with its own punishment range. They stack with the arithmetic of prior convictions rather than replacing it.
| The fact | What it makes it | Detail and source |
|---|---|---|
| A reading of 0.18 or more | Aggravated DWI — $1,000 to $2,500 on a first | New York sets its aggravated threshold at 0.18, higher than the 0.15 or 0.16 used elsewhere. The grade does not change on a first offense; the money does, and so does what a prior conviction for it means later. New York State Senate, VTL § 1193 · N.Y. Veh. & Traf. Law § 1193(1)(b) · checked 2026-09-04 |
The device is a separate track
Under Leandra’s Law, anyone sentenced for DWI in New York since August 2010 gets an interlock — there is no first-offense exemption. The device goes in every vehicle you own or operate, including rented, leased and borrowed ones, and the restriction is added to your record even while your license is revoked.
In New York the interlock term runs 12 months and is administered by The sentencing court and probation, with the restriction recorded by NY DMV — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.
Source: The sentencing court and probation, with the restriction recorded by NY DMV
New York DWI questions
Is a DWI a felony in New York?
On a second inside ten years — the fastest ladder in the country. Most states need a third or fourth conviction. New York needs a second within ten years for a class E felony, and a third within ten years is a class D felony with a fine of $2,000 to $10,000. The interlock condition attaches to the sentence in both cases, for no less than twelve months. A reading of 0.18 or more: aggravated dwi — $1,000 to $2,500 on a first.
What does a 3rd DWI in New York carry?
Class E felony: set by the penal law for the class, and a fine of $1,000 to $5,000. The range is set by N.Y. Veh. & Traf. Law § 1193(1)(c), and the figures on this page come from the statute rather than from a summary of it.
What makes it worse in New York?
A reading of 0.18 or more — aggravated dwi — $1,000 to $2,500 on a first.
Does an interlock come with it in New York?
Under Leandra’s Law, anyone sentenced for DWI in New York since August 2010 gets an interlock — there is no first-offense exemption. The device goes in every vehicle you own or operate, including rented, leased and borrowed ones, and the restriction is added to your record even while your license is revoked. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by The sentencing court and probation, with the restriction recorded by NY DMV.
Other steps in New York: second offense penalties and first offense penalties.
All New York DWI rules →Penalties across the states →New York DUI lawyers →Getting the license back →
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