A first DWI in New York: what it can result in
Verified · next review
A misdemeanor — and 0.18 makes it a different one. A first DWI is a misdemeanor with a fine floor of $500. Aggravated DWI, charged at a reading of 0.18 or more, is also a misdemeanor but carries $1,000 to $2,500. Either way the sentence must include probation or a conditional discharge with an interlock in any vehicle you own or operate, for at least twelve months.
Written any number of ways — a 1st offense DWI, DWI 1st, DWI first offense NY, or a first 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. Misdemeanor
Confinement. Up to 1 year
Fine. $500 to $1,000
New York State Senate, VTL § 1193 · N.Y. Veh. & Traf. Law § 1193(1)(b) · checked 2026-09-04
What turns this DWI into something worse
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 jail time mandatory for a 1st DWI in New York?
A first DWI is a misdemeanor with a fine floor of $500. Aggravated DWI, charged at a reading of 0.18 or more, is also a misdemeanor but carries $1,000 to $2,500. Either way the sentence must include probation or a conditional discharge with an interlock in any vehicle you own or operate, for at least twelve months.
How likely is jail time for a first DWI in NY?
Start from what the statute forces and what it leaves to the judge. The floor here is up to 1 year, and it moves on the facts: a reading of 0.18 or more means aggravated dwi — $1,000 to $2,500 on a first. Everything above that floor is argued, and the same conviction can end up served in custody, on work release or as a condition of probation depending on the county and the judge. What no one can promise you is a sentence below the statutory minimum — that is not a question of persuasion.
What is the punishment range for a 1st DWI in New York?
Misdemeanor: up to 1 year, and a fine of $500 to $1,000. The range is set by N.Y. Veh. & Traf. Law § 1193(1)(b), 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 when it becomes a felony penalties.
All New York DWI rules →Penalties across the states →New York DUI lawyers →Getting the license back →
Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.