If you’re reading this, you (or someone you love) is likely anxious about what a New York DWI could mean for your license, your job, and your future. I’ve represented Suffolk County residents in Nassau and Suffolk courts for over three decades, and I can tell you: the consequences are real, but so are your defenses and options. Here’s a clear, plain-English guide to what the law actually says and how I help clients navigate it.
New York has several alcohol/drug driving offenses that apply statewide—including Suffolk County:
These are the headline penalties the judge can impose at sentencing. The exact outcome depends on your record and case facts.
These ranges come straight from the NY DMV’s penalty schedule.
Again, these are the published DMV ranges.
Expect prosecutors to take these cases seriously; the statute and DMV table reflect the heightened penalties.
New York escalates quickly: a second DWI/DWAI-Drug or DWAI-Combination within 10 years is a Class E felony (up to 4 years in state prison), and a third within 10 years is a Class D felony (up to 7 years). License revocations lengthen as well.
Driving intoxicated with a child in the car is charged as a Class E felony and can carry up to 4 years in prison—even for a first arrest. Separately, New York requires ignition interlock devices (IIDs) upon any misdemeanor or felony DWI conviction, for at least 12 months during probation or conditional discharge.
If you’re convicted of a misdemeanor or felony DWI offense (alcohol or drugs), the court must impose an IID requirement. For most adult cases, plan on at least 12 months with the interlock installed in any vehicle you own or operate. Judges add an IID restriction to your license as well.
Refusing the breath, blood, or urine test triggers DMV penalties even if your criminal case is later dismissed. For a first refusal:
Repeat refusals carry longer revocations and higher civil penalties. These are DMV-administrative, not criminal, and they happen through a DMV refusal hearing.
On top of fines and court surcharges, New York adds a Driver Responsibility Assessment when you’re convicted of an alcohol/drug-related driving offense or when you refuse testing. It’s $250 per year for three years (a total of $750) payable to the DMV. If you don’t pay, the DMV can suspend your license.
For alcohol-related misdemeanors, expect a mandatory surcharge and fees totaling about $395; for felonies, about $520 (plus $5 more in town/village courts). These are statewide add-ons that appear on top of any fines the judge imposes.
License suspension/revocation periods vary by charge. Many first offenders may be eligible for a conditional license—limited, essential driving—by enrolling in New York’s Impaired Driver Program (IDP). Eligibility isn’t automatic; the DMV determines it, and a judge can bar participation in some cases.
Different rules apply if you’re under 21. A BAC of .02–.07 triggers administrative penalties (typically a six-month suspension and civil fee) and separate consequences for refusals.
These aren’t “penalties” in the statute, but they affect day-to-day life and we plan for them.
Every case starts with the stop: Was there lawful probable cause? I analyze the initial approach, the roadside investigation, and whether standardized field sobriety tests were administered and interpreted correctly. I scrutinize the chemical test from collection through calibration and maintenance records, and I consider medical conditions (e.g., GERD, diabetes/ketosis) that can affect results. Where appropriate, I negotiate to reduce criminal exposure (for example, to a non-criminal traffic infraction in the right fact pattern) or structure outcomes around treatment, evaluation, and community-based conditions that satisfy the court while protecting your future.
I’ve been honored to be voted Best Lawyer on Suffolk County five consecutive years and have helped thousands of clients avoid the worst-case scenarios. The earlier you bring in counsel, the more options you tend to have.
Jail is legally possible (up to a year for DWI), but many first-offense outcomes on Suffolk County focus on probation or conditional discharge, with treatment, IDP, and IID compliance. The right strategy and clean compliance matters.
For a first DWI, plan on at least a 6-month revocation (Aggravated DWI is typically 1 year). You may qualify for a conditional license during the revocation/suspension if you enroll in IDP.
A refusal triggers a separate DMV revocation of at least 1 year and a $500 civil penalty regardless of what happens in criminal court plus the DRA fee of $750 over three years.
A DWI on Suffolk County is serious but manageable with the right plan. You’re facing a mix of criminal penalties, DMV consequences, IID obligations, and financial assessments. My job is to protect your record, your license, and your livelihood while guiding you through every step from the first court date to license restoration.
Take the next step and contact me. If you or a loved one has been arrested in Nassau or Suffolk County, call me, Ed Palermo. I’ll review your paperwork, explain your exact exposure under New York law, and build a strategy tailored to you.