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 generally a traffic infraction, not a crime.
If you were just arrested, stop talking about the case and call a defense attorney now. What you say in the first hours can follow you into court.
Key Takeaways
- A DWI is a criminal offense. Alcohol DWAI is generally a traffic infraction, not a crime.
- A DWI conviction can show up on a criminal background check. A DWAI conviction is a driving-record issue.
- 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.
Is a DUI a Criminal Offense or a Traffic Infraction in New York?
A DUI charge can be either, depending on the exact charge. DWI is a crime. Alcohol DWAI is generally 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 sorts offenses into levels. A felony can carry more than one year in prison. A misdemeanor can carry up to one year in jail. A violation or a traffic infraction is a lesser offense. Under Penal Law § 10.00(6), only a misdemeanor or a felony is a “crime.” VTL § 1193(1)(a) classes alcohol DWAI, a violation of VTL § 1192(1), as a traffic infraction.
Why people say “DUI”
New York’s statute says DWI. “DUI” is the term other states use. It describes 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 generally the only impaired driving charge 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.
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, aggravated DWI, or drug or combination DWAI within 10 years is a Class E felony. A third within 10 years, or three or more within 15 years, is a Class D felony (VTL § 1193(1)(c)). An impaired-driving offense with a child 15 or younger in the vehicle is a Class E felony under Leandra’s Law, VTL § 1192(2-a)(b). Our guide explains in detail when a DUI is a felony.
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 much less.
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.
Charged with DWI in Syracuse or Central New York? Call 315-424-8326 for a free, confidential consultation with a team of former Onondaga County prosecutors. Phones are answered 24/7.
Will a DUI Give Me a Criminal Record?
A DWI conviction gives you a criminal record. An alcohol DWAI conviction does not, because a traffic infraction is not a crime. It still appears on your driving record. It can also count as a prior offense that makes a later charge more serious (VTL § 1193(1)(a)).
What shows up on a background check
Different checks look at different records.
| Type of record | DWI (misdemeanor or felony) | Alcohol DWAI (traffic infraction) |
|---|---|---|
| Criminal conviction record | A conviction is a criminal conviction | Not a criminal conviction |
| DMV driving record | Conviction is recorded | Conviction is recorded |
| Counts as a prior on a later charge | Yes. A second within 10 years can be a felony | Yes. Can raise the penalties on a later charge |
What an employer or landlord sees depends on the type of check. A criminal history check looks for convictions. A driving-record check looks at DMV records. This is one reason a reduction from DWI to alcohol DWAI matters. Ask your attorney how each possible result would read on each kind of check.
What the record can affect
- Employment. Background checks can show a misdemeanor or felony conviction. Under Correction Law § 752, many employers cannot deny a job only because of a past conviction unless it relates directly to the job or poses an unreasonable risk.
- Commercial licenses. The DMV applies a lower .04 BAC level to commercial drivers and a higher civil penalty for refusing a chemical test.
- Immigration. A conviction can create immigration problems for non-citizens. Speak to your attorney and an immigration lawyer early.
- Insurance. Your premiums may go up.
- Licensing and housing applications. Many ask about convictions.
Can a record be sealed?
Sometimes. New York has two routes that seal eligible convictions. Whether a particular DWI conviction qualifies depends on the offense, your full history, and the waiting periods.
| Route | Law | How it works | Timing |
|---|---|---|---|
| Clean Slate (automatic) | CPL § 160.57 | The court system seals eligible convictions without an application. | 3 years for misdemeanors and 8 years for felonies, from sentence or release. No pending case and no probation or parole. |
| Court petition | CPL § 160.59 | You apply, and a judge decides. | Generally 10 years from sentence or release. Up to two eligible convictions, and no more than one felony. |
Clean Slate took effect on November 16, 2024. The courts have until November 16, 2027 to seal eligible older convictions. Sex offenses and non-drug Class A felonies are not eligible, and § 160.59 also excludes violent felonies. Sealing does not mean the conviction never happened. Ask your attorney whether either route 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 or argue. 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.
- 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.
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. For most drivers, a first refusal carries a license revocation of at least one year and a $500 civil penalty. 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 must prove a DWI beyond a reasonable doubt. They build the case on the reason for the stop, the officer’s observations, field sobriety tests, and the chemical test. Our firm was founded by former Onondaga County 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?
- 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?
- The tests. Were the field sobriety tests and the chemical test given and handled correctly?
- 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 generally 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. Our article on whether a DWI can be dismissed in New York goes deeper.
VTL § 1192(10) limits the pleas a court can accept in a DWI case. A plea to a charge outside § 1192 generally needs the district attorney to decide the original charge is not warranted, and the court must state its reasons on the record. Aggravated DWI has narrower limits of its own.
Checklist: what to bring to your consultation
- Ticket, appearance ticket, or court paperwork, and any DMV notice
- Your arrest date and the arresting agency
- Any prior DWI, DWAI, or license history
- Whether a child was in the car, and whether you took or refused a chemical test
- Employment details, especially if you hold a CDL, and immigration status if relevant
Talk to Our Team About Your DWI Charge
Charged with DWI in Syracuse or Central New York? Call 315-424-8326 for a free, confidential consultation with a team of former Onondaga County prosecutors. Phones are answered 24/7.
Cambareri & Brenneck, PLLC is a Syracuse, NY criminal defense firm founded by former Onondaga County 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.
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 within 10 years, or when a child 15 or younger is in the vehicle. Alcohol DWAI is generally neither. It is a traffic infraction. Which one applies depends on the exact subdivision of VTL § 1192 on your paperwork and on your record.
Is a DWAI a criminal offense?
Alcohol DWAI under VTL § 1192(1) is generally a traffic infraction, not a crime. DWAI by drugs (§ 1192(4)) and DWAI by a combination of drugs and alcohol (§ 1192(4-a)) are misdemeanors. All three can still bring fines, license action, and a mark on your driving record.
Will a DUI show up on a background check?
A DWI conviction can show up on a criminal background check as a misdemeanor or felony conviction. An alcohol DWAI conviction is not a crime, but it appears on your DMV driving record. What an employer or landlord sees depends on the type of check, so ask your attorney how your case result would read on each one.
Can a DWI conviction be sealed in New York?
Sometimes. New York has two sealing routes. Clean Slate (CPL § 160.57) seals eligible convictions automatically after 3 years for misdemeanors and 8 years for felonies. A court petition under CPL § 160.59 generally requires 10 years. Whether a particular DWI conviction qualifies depends on the charge and your full record, so have an attorney check before you rely on either route.
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. VTL § 1192(3) covers driving in an intoxicated condition and does not require a chemical test. A refusal also brings a separate DMV consequence. For most drivers, that is a civil penalty and a license revocation of at least one year.
Do I have to go to court for a DUI?
Yes. You must appear on your assigned date, and a missed date can lead to a bench warrant. A defense attorney can appear with you at arraignment, address bail and license conditions, explain your options, and handle the paperwork so you know what to expect at each later court date.
Should I talk to the police about what happened?
No. Politely say you want to speak with an attorney before answering questions. What you say can be used against you in court, and the first hours often matter most. See our guide on why speaking to police without a lawyer is risky.
Disclaimer
This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.