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Alcohol and drugs

An adult driver is convicted for the first time of driving while ability impaired by alcohol (DWAI). What license action does the penalty table list?

  1. A 90-day suspension. Correct answer
  2. A revocation of at least six months.
  3. A revocation of at least one year.

Why

In New York's penalty table, a first DWAI (alcohol) is the lightest of the alcohol offenses: it is classed as a traffic infraction, with a fine of $300 to $500, up to 15 days in jail and a 90-day suspension. The other two options are also in the table, one step up each. A revocation of at least six months goes with a first DWI, and a revocation of at least one year with a first aggravated DWI. DWAI does not stay light for long, though: a second one within five years already brings a revocation of at least six months. Ninety days is as light as the penalty table gets for an alcohol offense.

Where this comes from

New York State Driver's Manual (MV-21), April 2026 version. The correct answer is A 90-day suspension.

More on alcohol and drugs

  1. Not counting surcharges and fees, what fine range does the penalty table give for a first DWI conviction?
  2. What minimum license action does the penalty table list for a first conviction of aggravated driving while intoxicated (Agg-DWI)?
  3. An 18-year-old driver already had one Zero Tolerance suspension and is now found to have committed a second Zero Tolerance violation. What happens to the license?
  4. A passenger in a regular car on a public road in New York is holding an open can of beer. What is the situation under the Open Container Law?

All 18 questions on this topic

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