Yes. A DUI is a criminal offense in New York. New York calls it DWI (driving while intoxicated), and a DWI is a misdemeanor or a felony. The one lower charge, alcohol DWAI (driving while ability impaired), is a traffic infraction and not a crime.
If you were just arrested, stop talking about the case and call a criminal defense attorney now. What you say in the first hours can follow you into court and into your DMV hearing.
Key Takeaways
- Yes. In New York, a DUI charge is called DWI, and a DWI is a criminal offense.
- The exception is alcohol DWAI. It is a traffic infraction, not a crime, but it still brings a fine, a license suspension, and a mark on your driving record.
- A first DWI is a misdemeanor. A second within 10 years can be an E felony.
- You face two cases at once: a criminal case in court and a separate license case with the DMV.
- Do not discuss the arrest with anyone but your attorney. Call before your first court date.
Is a DUI a Crime or a Traffic Ticket?
A DUI charge can be either, depending on the exact charge. DWI is a crime. Alcohol DWAI is a traffic infraction. The difference is written in the subdivision of Vehicle and Traffic Law (VTL) § 1192 listed on your paperwork.
What “criminal offense” means in New York
New York separates offenses into three levels. A felony carries more than a year in prison. A misdemeanor carries up to a year in jail. A violation or traffic infraction is a lesser, non-criminal offense. Under the Penal Law, only felonies and misdemeanors are “crimes.”
Why people say “DUI”
New York’s statute says DWI. “DUI” is the term other states use, and it is what most people search for. It is the same kind of conduct. Our companion article explains the difference between DUI and DWI in New York.
Which DUI Charges Are Crimes in New York?
Every DWI subdivision is a crime. Alcohol DWAI is the only one that is not. DWI, aggravated DWI, drug DWAI, and combination DWAI are misdemeanors at the first level. Repeat offenses and certain facts raise them to felonies.
Table: criminal vs. non-criminal impaired driving charges
| Charge | VTL § 1192 | Standard | Criminal offense? |
|---|---|---|---|
| DWAI (alcohol) | Subd. 1 | Impairment; BAC .05 to .07 | No. Traffic infraction |
| DWI (per se) | Subd. 2 | BAC of .08 or higher | Yes. Misdemeanor |
| DWI (common law) | Subd. 3 | Intoxicated condition, no BAC required | Yes. Misdemeanor |
| DWAI (drugs) | Subd. 4 | Ability impaired by a drug | Yes. Misdemeanor |
| DWAI (combination) | Subd. 4-a | Alcohol and drugs combined | Yes. Misdemeanor |
| Aggravated DWI | Subd. 2-a | BAC of .18 or higher | Yes. Misdemeanor (felony with priors) |
Sources: NY DMV, NY VTL §§ 1192, 1193.
When a DWI becomes a felony
- A second DWI or drug DWAI within 10 years is an E felony, per the DMV.
- Three or more qualifying convictions within 15 years is a Class D felony, per the DMV.
- Driving while intoxicated with a child 15 or younger in the car is a Class E felony under Leandra’s Law, VTL § 1192(2-a)(b).
Federal property
On federal land, such as a military installation or national park, an impaired driving charge can be brought in federal court. In upstate New York, that is the Northern District of New York.
What Are the Penalties if a DUI Is a Crime?
Penalties depend on the charge and your record. A first DWI carries a fine of $500 to $1,000, up to one year in jail, and a license revocation of at least six months. Alcohol DWAI carries a lower fine, up to 15 days in jail, and a 90-day suspension.
Penalty table (per NY DMV)
| Violation | Mandatory fine | Maximum jail | License action |
|---|---|---|---|
| DWAI (alcohol) | $300 to $500 | 15 days | 90-day suspension |
| DWI or DWAI-drug | $500 to $1,000 | 1 year | Revoked at least 6 months |
| DWAI-combination | $500 to $1,000 | 1 year | Revoked at least 6 months |
| Aggravated DWI | $1,000 to $2,500 | 1 year | Revoked at least 1 year |
| Second DWI or DWAI-drug in 10 years (E felony) | $1,000 to $5,000 | 4 years | Revoked at least 1 year |
Source: NY DMV, Penalties for Alcohol or Drug-Related Violations. Rules differ for drivers under 21 and commercial drivers.
Other conditions a court can add
Courts may also order mandatory surcharges and fees, the Drinking Driver Program, and an ignition interlock device. Amounts and conditions change, so confirm current figures with your attorney.
Will a DUI Give Me a Criminal Record?
A DWI conviction gives you a criminal record. An alcohol DWAI conviction does not, but it still appears on your driving record. A DWAI can also count as a prior offense, which makes a later charge more serious.
What the record can affect
- Employment. Background checks can show a misdemeanor or felony conviction.
- Commercial licenses. A CDL holder or anyone who drives for work faces the greatest risk.
- Immigration. A conviction can create immigration problems for non-citizens. Speak to your attorney and an immigration lawyer early.
- Insurance. Expect higher premiums.
- Licensing and housing applications. Many ask about convictions.
Can a record be sealed?
New York has sealing options for some convictions. Eligibility depends on the offense, your history, and waiting periods. Ask your attorney whether any option fits your case.
What Happens After a DUI Arrest in Syracuse?
A DWI arrest starts two separate cases: a criminal case in court and a license case with the DMV. Each has its own rules and deadlines. A good result in one does not automatically fix the other.
Step-by-step: after a DWI arrest
- Stay silent about the facts. Do not explain, argue, or “clear things up.” Ask for a lawyer.
- Write down every date. Note your arraignment date, the court, and any paper about your license.
- Call a defense attorney immediately. Early action matters, especially on the DMV side.
- Do not miss court. A missed date can lead to a warrant.
- Gather your documents. Collect the ticket, any DMV notice, and your insurance card.
- Appear at arraignment with counsel. Your attorney can address bail, license conditions, and next steps.
Where the criminal case is heard
- Misdemeanors are typically heard in Syracuse City Court or a town or village justice court in Onondaga County, depending on where the arrest happened.
- Felony DWI cases are prosecuted by the Onondaga County District Attorney’s Office and move through Onondaga County Court.
- Appeals go to the Appellate Division, Fourth Department.
The DMV case is separate
The DMV can suspend or revoke your license based on the arrest and on a refusal to take a chemical test, separate from the criminal outcome. A first-time refusal can carry a one-year revocation and a $500 civil penalty for most drivers. For more detail on the arrest stage, read our guide to what to do after a criminal arrest in Syracuse.
How Do Prosecutors Treat a DUI as a Crime?
Prosecutors treat a DWI as a case they must prove beyond a reasonable doubt. They build it on the reason for the stop, the officer’s observations, field sobriety tests, and the chemical test. Our attorneys are former prosecutors. We know how the People assemble this proof, and we look for where it is weak.
What a former prosecutor checks first
- The stop. Was there a lawful reason to pull the vehicle over or approach it?
- Operation. Can the People prove the person was driving or operating?
- The charge itself. Is the correct subdivision charged, and does the proof fit it?
- Field sobriety tests. Were they given correctly and described fairly?
- The chemical test. Was it valid, timely, and properly handled?
- Refusal. Were the warnings given correctly?
Can a DUI Charge Be Reduced or Dismissed?
A DWI charge can sometimes be reduced to DWAI, dismissed, resolved by plea, or tried. A reduction to alcohol DWAI matters because DWAI is not a crime. The outcome depends on the evidence, the BAC, your record, and what the court and prosecutor allow. No attorney can promise a result.
The realistic paths
- Dismissal if the evidence is legally insufficient or was unlawfully obtained.
- Reduction to a lesser charge such as DWAI, where the law permits.
- Plea to a negotiated disposition.
- Trial when the People cannot prove every element beyond a reasonable doubt.
New York limits what a DWI charge can be reduced to under VTL § 1192(10), and the limits tighten at higher BAC levels and with prior convictions. Your attorney can explain what is realistic for your charge.
Checklist: what to bring to your consultation
- Ticket, appearance ticket, or court paperwork
- Any DMV notice or suspension paper
- Your arrest date and the arresting agency
- Any prior DWI, DWAI, or license history
- Whether a child was in the car
- Whether you took or refused a chemical test
- Employment details, especially if you hold a CDL
- Immigration status, if relevant
Speak With a Defense Attorney About Your DWI Charge
Free, confidential consultation. Available 24/7. Call 315-424-8326.
Cambareri & Brenneck is a firm founded by and comprised of former prosecutors. We know how the other side builds a case, and we use that insight to protect your license, your record, and your future. Learn about our DWI defense practice or request a free consultation.
FAQs
Is a DUI a felony or a misdemeanor in New York?
A first DWI is generally a misdemeanor. It can become a felony with certain prior convictions, or with a child 15 or younger in the car. Alcohol DWAI is neither. It is a traffic infraction.
Is a DWAI a criminal offense?
Alcohol DWAI is not. It is a traffic infraction. DWAI by drugs and DWAI by a combination of drugs and alcohol are misdemeanors. Read more about how DWAI charges are handled.
Will a DUI show up on a background check?
A DWI conviction can show up as a criminal conviction. A DWAI shows on your driving record. What an employer sees depends on the type of check.
Can I be arrested for DUI without a breath test?
Yes. A DWI can be charged on an officer’s observations and other evidence, even without a BAC reading. A refusal also brings a separate DMV consequence.
Do I have to go to court for a DUI?
Yes. You must appear on your assigned date. A defense attorney can appear with you and handle the process.
Can a DUI be dropped to a non-criminal charge?
Sometimes. A reduction to alcohol DWAI can result in a non-criminal outcome, where the law and the facts permit it. No result can be promised.
Should I talk to the police about what happened?
No. Ask to speak with an attorney before answering questions. See our guide to why speaking to police without a lawyer is risky.
Disclaimer
This article is general legal information, not legal advice. Reading it does not create an attorney-client relationship. Laws change, and every case is different. Contact an attorney about your specific situation. Attorney Advertising. Prior results do not guarantee a similar outcome.
External Source Citations
- NY DMV: Penalties for Alcohol or Drug-Related Violations
- NY Senate: Vehicle and Traffic Law § 1192
- NY Senate: Vehicle and Traffic Law § 1193
- NY Senate: Penal Law § 10.00 (definitions of crime, misdemeanor, violation)