The DWI Stop
Veh. & Traf. Law § 1192 — .08 is driving while intoxicated, a misdemeanor; impaired ability is a traffic infraction
New York's section sets out separate offenses, each with its own penalty:
| Offense | What it is |
|---|---|
| OffenseDriving while ability impaired | What it isThe ability to drive is impaired by alcohol |
| OffenseDriving while intoxicated, per se | What it is.08 or more by weight of alcohol in the blood |
| OffenseDriving while intoxicated | What it isDriving in an intoxicated condition |
| OffenseAggravated driving while intoxicated | What it is.18 or more, or driving while intoxicated with a child of fifteen or younger in the vehicle |
| OffenseAbility impaired by drugs | What it isThe ability to drive is impaired by a drug, or by drugs and alcohol together |
Not only on the road. The section applies on public highways, on private roads open to motor vehicle traffic, and in parking lots, which include a driveway serving premises with room for four or more vehicles. It does not apply on the property of a one or two family home.
| First conviction | Fine | Jail, at most | License |
|---|---|---|---|
| First convictionAbility impaired, a traffic infraction | Fine$300 to $500 | Jail, at most15 days | LicenseSuspended for 90 days |
| First convictionIntoxicated, or impaired by drugs, a misdemeanor | Fine$500 to $1,000 | Jail, at most1 year | LicenseRevoked for at least 6 months |
| First convictionAggravated, .18 or more, a misdemeanor | Fine$1,000 to $2,500 | Jail, at most1 year | LicenseRevoked for at least 1 year |
An ignition interlock. A conviction for driving while intoxicated, per se, aggravated or by condition, also brings a term of probation or conditional discharge requiring an ignition interlock device in any vehicle the person owns or operates, for at least twelve months, ending once the person proves it was installed and maintained for at least six months unless the court ordered longer.
Repeat convictions climb. Ability impaired after a conviction under the section within the preceding five years is a fine of $500 to $750 or up to thirty days; after two or more within ten years it is a misdemeanor. Driving while intoxicated after an earlier conviction can be a felony.
Sources for this section (2)
- Veh. & Traf. Law § 1192 — Operating a motor vehicle while under the influence of alcohol or drugs
- Veh. & Traf. Law § 1193 — Sanctions
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.