If you’ve been arrested for driving while intoxicated (DWI) in New York, you might be wondering how many points go on your license. The short answer is none. But that doesn’t mean you’re off the hook. DWI is treated more seriously than regular traffic violations and can lead to big fines, jail time, and even losing your license. This blog breaks down how the point system works in New York, what a DWI means for your driving record, and what kind of penalties you might face.
What Are the Penalties for a DWI in New York?
DWI charges in New York come with heavy consequences. Instead of putting points on your license, the Department of Motor Vehicles (DMV) can suspend or revoke your license altogether. The penalties depend on whether it’s your first offense or if you’ve been charged before.
First Offense DWI
- Fine: $500 to $1,000
- License Suspension: Minimum 6 months
- Jail Time: Up to 1 year
Second Offense (within 10 years)
- Fine: $1,000 to $5,000
- License Revocation: Minimum 1 year
- Jail Time: Up to 4 years
Third Offense (within 10 years)
- Fine: $2,000 to $10,000
- License Revocation: Minimum 1 year
- Jail Time: Up to 7 years
Aggravated DWI (BAC 0.18 or higher)
- Fine: $1,000 to $2,500
- License Revocation: At least 1 year
- Jail Time: Up to 1 year
So while you don’t get points on your license for a DWI, the penalties are a lot more serious than most traffic tickets.
How the Driver Violation Point System Works
New York uses a point system to keep track of dangerous drivers. When you get a moving violation, like speeding or running a red light, you get points on your license. If you collect 11 points within 18 months, your license can be suspended.
Here are some examples of how many points certain violations carry:
- Speeding (1 to 10 mph over): 3 points
- Speeding (11 to 20 mph over): 4 points
- Speeding (21 to 30 mph over): 6 points
- Speeding (40+ mph over): 11 points
- Reckless Driving: 5 points
- Failure to stop for a school bus: 5 points
- Using a phone while driving: 5 points
Even though a DWI doesn’t come with points, it can still lead to license loss if paired with these other violations.
How Many Points to Suspend a License in New York?
If you get 11 or more points on your license in an 18-month period, the DMV can suspend it. But there are other ways to lose your license, too. For example, getting three speeding tickets in 18 months can cause a suspension, even if your total points are under 11.
A DWI charge is handled separately from the point system. Your license can be suspended or revoked just from that one charge. If you already have points on your record and then get a DWI, the odds of losing your license go way up.
The Driver Responsibility Assessment Fee
If you get 6 or more points on your license in an 18-month window, you’ll have to pay a Driver Responsibility Assessment fee. This is a separate cost from any court fines or DMV penalties.
Here’s how it works:
- 6 points = $100 per year for 3 years ($300 total)
- Each extra point over 6 = +$25 per year
- DWI conviction or refusal to take a chemical test = $250 per year for 3 years ($750 total)
These fees can add up fast. If you don’t pay them, the DMV can suspend your license until you do. There’s also a suspension termination fee you’ll have to pay to get your license back.
What Happens if You Refuse a Chemical Test?
If you’re pulled over and refuse to take a breath, blood, or urine test, the DMV can take action even if you aren’t convicted of a DWI. A refusal usually leads to:
- License revocation for at least 1 year
- $750 civil penalty
- $250 per year Driver Responsibility Assessment for 3 years
This is treated separately from any criminal case. Refusing the test can still hurt your record and your wallet.
Multiple DWIs and License Revocation
If you’ve had more than one DWI, the penalties get much worse. Here’s what to expect:
- 1st offense: License suspended for 6 months
- 2nd offense (within 10 years): License revoked for at least 1 year
- 3rd offense (within 10 years): License can be revoked for 1 year or longer
- Permanent revocation is possible in some cases
You’ll also need to reapply for a license if it’s been revoked. It’s not automatic. The DMV will look at your driving history and can deny your application.
What to Do After a DWI Charge in New York
A DWI can affect your job, your insurance rates, and your ability to drive. These charges are serious, and the process can be confusing. Whether it’s your first time or you’ve been charged before, it helps to understand your rights and options.
Some defenses focus on whether the traffic stop was legal or whether the testing equipment worked properly. In some cases, the charges might be reduced. But it’s hard to do that alone.
Talk to a Lawyer About Your Next Steps
If you’ve been charged with a DWI in New York or you’re worried about points adding up on your license, it’s a good idea to talk with a defense attorney. A lawyer can look at your case, explain the penalties, and help you find the best way forward.
Call Karpf Criminal Law today at (631) 424-6444 to speak with a DWI defense lawyer who knows New York traffic and DWI laws. Don’t wait to protect your license and your future.