A Driving While Intoxicated (DWI) conviction in New York now carries 11 points under the New York State Department of Motor Vehicles (DMV) point system. It is also a criminal offense that can lead to license revocation, fines, jail time, and a criminal record. Any additional moving violations charged at the time of the arrest may carry separate points as well.
At the Law Offices of Jason Bassett, P.C., Suffolk County DWI lawyer Jason Bassett represents drivers throughout Long Island who are facing drunk driving charges. With over two decades of legal experience as a former prosecutor and a criminal defense attorney, he has handled a wide range of DWI cases and understands the areas where these cases can be challenged.
This guide explains how the New York point system works, why a DWI now carries 11 points, what penalties a DWI conviction actually brings, how points and DWI convictions affect your insurance and employment, and what steps you can take to protect your driving privileges. Call (631) 259-6060 to speak with Jason Bassett about your case.
Does a DWI Add Points to Your License in New York?
Yes. In New York, a DWI now results in 11 points on your driving record. It also carries separate criminal penalties, including license revocation, fines, possible jail time, and ignition interlock requirements.
How Does the Driver Violation Point System Work?
The DMV uses a Driver Violation Point System to identify high-risk drivers. Points are added upon conviction, but your total is calculated from the date of the violation, not the date of the conviction.
What Are the Point Values for Common Violations?
Each moving violation carries a set number of points. Speeding 1 to 10 miles per hour (mph) over the limit adds 3 points, while speeding more than 40 mph over the limit adds 11 points. Running a red light or stop sign carries 3 points.
Reckless driving and texting while driving each add 5 points. Most common violations fall between 3 and 5 points.
What Happens When You Reach 11 Points?
If a driver accumulates 11 or more points within 24 months, the DMV may suspend their license. A different time window applies to the Driver Responsibility Assessment (DRA): drivers who accumulate 6 or more points within 18 months must pay the base DRA fee of $100 per year for three years, plus $25 per year for each point above six.
| Points Total | DMV Action | Financial Penalty |
|---|---|---|
| 6 points in 18 months | Driver Responsibility Assessment | $100/year for 3 years (+$25 per point above six) |
| 11+ points in 24 months | Possible license suspension | May also involve DRA and reinstatement costs |
| 3 speeding and/or misdemeanor traffic infractions in 18 months | Revocation for at least 6 months | Varies by case |
Drivers can also face revocation without reaching the ordinary point threshold. Three speeding and/or misdemeanor traffic infractions within 18 months can result in license revocation of at least six months.
What Are the Penalties for a DWI Conviction in New York?
Under Vehicle and Traffic Law § 1192, New York classifies DWI offenses based on blood alcohol content (BAC), the number of prior offenses, and whether aggravating factors are present. Penalties increase with each subsequent conviction within a 10-year lookback period.
First-Offense DWI
A first DWI conviction is a misdemeanor. It carries fines ranging from $500 to $1,000, up to one year in jail, and a minimum six-month license revocation. The court must also impose probation or conditional discharge requiring an Ignition Interlock Device (IID) in any vehicle the person owns or operates, with an interlock restriction of at least 12 months unless the court lawfully orders a longer period.
Second and Third Offenses
A second DWI conviction within 10 years is a Class E felony. Fines increase to $1,000 to $5,000, jail time can reach up to four years, and license revocation lasts a minimum of one year. A third DWI conviction within 10 years is a Class D felony, with fines of $2,000 to $10,000, up to seven years in prison, and a minimum one-year revocation. Repeat offenders may also face denial of re-licensure or permanent license denial under current DMV repeat-offender rules.
Aggravated DWI
New York charges Aggravated Driving While Intoxicated (Aggravated DWI) when a driver’s BAC reaches .18 or higher. A first Aggravated DWI carries fines of $1,000 to $2,500, up to one year in jail, and license revocation for at least one year. Leandra’s Law, named after 11-year-old Leandra Rosado who was killed in a drunk-driving crash in New York City in 2009, makes it an automatic felony to drive intoxicated with a child aged 15 or younger in the vehicle.
Key Takeaway: A first DWI in New York is a misdemeanor with up to $1,000 in fines, one year in jail, and six months of license revocation. Repeat offenses within 10 years become felonies with more serious penalties.
DWI Defense Attorney on Long Island – Law Offices of Jason Bassett, P.C.
Jason Bassett, Esq.
Jason Bassett, Esq., is a Suffolk County DWI defense attorney and former prosecutor with over 21 years of criminal law experience. He earned his Juris Doctor from Boston College Law School in 1999 and his Bachelor of Arts from the University of Pennsylvania in 1994.
His career includes service as an Assistant District Attorney with the Queens County District Attorney’s Office, Principal Assistant County Attorney for Suffolk County, Chief Deputy Commissioner for the Town of Islip Department of Public Safety Enforcement, and Special Assistant Attorney General in the New York Medicaid Fraud Control Unit.
Jason Bassett is admitted to practice in the State of New York, the United States District Courts for the Eastern and Southern Districts, and the United States Court of Appeals for the Second Circuit. He is a member of the National College for DUI Defense, the National Association of Criminal Defense Lawyers, the New York State Association of Criminal Defense Lawyers, the Suffolk County Criminal Bar Association, and the Federal Bar Council.
How Do Points and DWI Convictions Affect Insurance and Employment?
Traffic violations and DWI convictions both affect insurance rates, but in different ways and to different degrees.
Insurance Rate Increases
Insurance companies generally view DWI convictions and other serious driving violations as high risk, and a conviction may lead to substantially higher premiums or difficulty obtaining coverage. New York DMV and the Department of Financial Services do not set private premium amounts, so the exact increase varies by insurer and driver history.
Employment Consequences
Many employers require a valid driver’s license, particularly for jobs involving driving, deliveries, or travel between work sites. A suspended or revoked license can jeopardize current employment and limit future job opportunities. Some professional licenses, including those in healthcare, education, and law enforcement, require disclosure of criminal convictions. A DWI on your record may trigger review by a licensing board.
Because these consequences can build over time, addressing a DWI charge early is important. A DMV-approved Point and Insurance Reduction Program (PIRP) course may help with point calculations for suspension purposes and may qualify the principal operator for a 10 percent insurance discount for three years. However, it does not remove the conviction or affect DWI-related penalties.
Key Takeaway: A DWI conviction may increase insurance costs and may put some jobs and professional licenses at risk. The PIRP course can help with point-related suspension calculations and insurance discounts, but it does not reduce DWI penalties.
How Many DWIs Can You Get Before Your License Is Permanently Revoked?
New York law imposes progressive license consequences for repeat DWI offenses. A first DWI conviction carries a minimum six-month revocation. A second DWI conviction within 10 years carries a minimum one-year revocation. A third DWI conviction within 10 years carries much more serious consequences and may lead to long-term loss of driving privileges.
The DMV has also tightened its repeat-offender policies. A regulatory change that became enforceable in January 2025 allows permanent license denial for drivers with four alcohol- or drug-related convictions or incidents. The DMV may also deny relicensing when a driver has three alcohol- or drug-related convictions or incidents plus one or more other serious driving offenses.
Once a license is revoked, it is not automatically reinstated when the revocation period ends. The driver must reapply to the DMV, pay reinstatement fees, and meet any conditions the court or DMV has imposed, such as completing a treatment program or installing an IID. Driving on a revoked license is a separate criminal offense under VTL Section 511 that can result in additional fines, jail time, and an extended revocation period.
Key Takeaway: Repeat DWI offenders may also be denied relicensing under current DMV rules. Since January 2025, permanent license denial can apply to drivers with four alcohol- or drug-related convictions or incidents, or to drivers with three such convictions or incidents plus a serious driving offense.
What Is the Driver Responsibility Assessment?
The DRA is an annual fee that the DMV imposes on drivers who accumulate 6 or more points in an 18-month period, or who are convicted of alcohol- or drug-related driving offenses. The fee is separate from any fines the court orders and is paid directly to the DMV.
For point-based assessments, the base fee is $100 per year for three years. Each point above six adds $25 per year. A driver with 8 points, for example, would pay $150 per year, totaling $450 over three years.
For DWI and Driving While Ability Impaired (DWAI) convictions, the DRA is $250 per year for three years, totaling $750. This fee applies regardless of whether it is a first offense. Refusing a chemical test under Vehicle and Traffic Law § 1194 also triggers the $250 annual assessment.
What Happens If You Do Not Pay the DRA?
Failing to pay the DRA results in an indefinite suspension of your license until the balance is paid in full. The DMV does offer installment payment plans for drivers who cannot pay the full amount up front.
Can You Reduce Points on Your License?
New York offers the PIRP to help drivers manage point accumulation and insurance costs.
- Completing the course can reduce active points by up to 4 for suspension-calculation purposes
- The course may qualify the principal operator for a 10 percent reduction in the base rate of auto and motorcycle insurance premiums for three years
- To maintain the insurance reduction benefit, the course must be taken once every 36 months
- The course does not remove the ticket or conviction from your driving record
- The PIRP does not prevent a mandatory suspension or revocation for traffic violations or convictions, including DWI, DWAI, or three speeding convictions within 18 months
Drivers facing DWI charges should understand that the PIRP addresses only the point system. It cannot prevent the license revocation, fines, or criminal record that come with a DWI conviction. For DWI-specific defense strategies, working with an experienced attorney is important.
The Suffolk County Traffic and Parking Violations Agency (SCTPVA) at 100 Veterans Memorial Highway in Hauppauge handles most traffic ticket matters in the county. DWI cases, because they are criminal matters, are typically heard at the Cohalan Court Complex in Central Islip or at local town and village justice courts.
What Defenses Are Available for a DWI Charge?
Being charged with a DWI is not the same as being convicted. The prosecution must prove the elements of the offense beyond a reasonable doubt. Several defense strategies can challenge one or both of these elements.
Common defenses in DWI cases include challenging the legality of the initial traffic stop. If law enforcement lacked reasonable suspicion to pull you over, any evidence gathered during the stop may be inadmissible. Field sobriety test results can also be challenged based on improper administration, medical conditions, or environmental factors.
Breathalyzer and chemical test results are not infallible. An attorney may challenge the calibration of the testing equipment, the qualifications of the operator, the chain of custody for blood samples, or whether the test was administered within the required timeframe. In some cases, rising BAC can be a factor, meaning your BAC at the time of the test may have been higher than it was while you were actually driving.
Key Takeaway: DWI charges can be challenged on multiple grounds, including the legality of the stop, field sobriety test administration, and the accuracy of chemical testing. An experienced defense attorney can evaluate the evidence and identify weaknesses in the prosecution’s case.
Legal Defense Against DWI Charges in Suffolk County
A DWI charge carries consequences that extend well beyond the courtroom. You may face license revocation, rising insurance costs, employment challenges, and a criminal record that follows you for years. Protecting your rights requires experienced legal representation.
Jason Bassett handles every stage of a case, from arraignments at the Cohalan Court Complex, negotiations with the District Attorney’s Office, and trial. He is works diligently in investigating the circumstances of each case, scrutinizing the evidence, and advocating for his clients’ rights at every stage of the legal process.
Call the Law Offices of Jason Bassett, P.C. at (631) 259-6060 for a consultation. Our office is located at 320 Carleton Avenue, Suite 4200, in Central Islip and serves clients across Suffolk County, Nassau County, and throughout New York.