New York DWI Defense
New York impaired driving charges are brought under NY VTL 1192, and the section contains several distinct offenses rather than one. Which subdivision is charged determines what the People must prove and what the exposure is. A first offense is a misdemeanor; a prior conviction within ten years can make a subsequent charge a felony. Law Offices Of SRIS, P.C. handles these matters. Call (888) 437-7747.
The Subdivisions Are Different Offenses
Subdivision (1) addresses driving while ability is impaired by alcohol. Subdivision (2) is the per se offense, resting on a blood alcohol concentration of 0.08 or more for a non-commercial driver. Subdivision (2-a) addresses aggravated driving while intoxicated at 0.18 or more. Subdivision (3) is common-law intoxication, which does not depend on any reading. Subdivision (4) addresses impairment by drugs, and (4-a) impairment by a combination of alcohol and drugs. A charging instrument frequently alleges more than one.
Two Proceedings, Not One
A New York DWI arrest generates a criminal case in court and, separately, an administrative proceeding at the Department of Motor Vehicles. Where a chemical test was refused, the Department holds its own hearing on the refusal, governed by its own standard and independent of what happens in the criminal matter. Losing one does not decide the other, and both have to be handled.
Frequently Asked Questions
Is a New York DWI a crime?
Yes. A first offense under NY VTL 1192 is a misdemeanor, and a prior conviction within ten years can make a subsequent charge a felony. That distinguishes New York from New Jersey, where impaired driving is a motor vehicle violation rather than a criminal offense.
What is the difference between DWI and DWAI?
They are separate subdivisions of NY VTL 1192. Driving while ability impaired addresses impairment by alcohol, while driving while intoxicated rests either on a blood alcohol concentration of 0.08 or more or on common-law proof of intoxication. The elements and the exposure differ.
What is aggravated DWI?
Subdivision (2-a) of NY VTL 1192 addresses a blood alcohol concentration of 0.18 or more. It is charged in addition to or instead of the ordinary per se offense and carries greater consequences.
About Mr. Sris
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997. He is a former prosecutor, which shapes how he reads a simplified information, a discovery packet, and a chemical test record. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background at George Mason University in accounting and information systems applies to the technical side of a chemical testing case. Mr. Sris and the firm’s Of Counsel attorneys handle New York matters together, with the division of work set at the start of the engagement.
Speak With Mr. Sris
Request a consultation. Reach our location at (888) 437-7747. Bring the tickets or accusatory instrument, your court date and the name of the court, any paperwork given at the scene, and your driving abstract if you have obtained one. Out-of-state drivers should say so at the outset, because a New York disposition reaches a licence issued elsewhere through that state’s own rules.
Last updated: August 25, 2026
This page provides general information about New York traffic and vehicle law and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.
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