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Alcohol and drugs

Not counting surcharges and fees, what fine range does the penalty table give for a first DWI conviction?

  1. $500 to $1,000. Correct answer
  2. $300 to $500.
  3. $1,000 to $2,500.

Why

A first DWI in New York is a misdemeanor, and the penalty table sets its fine between $500 and $1,000, with up to a year in jail and a revocation of at least six months. The table lists only the fine itself; the mandatory surcharge and the crime victims' assistance fee come on top of it. The other two ranges sit on either side in the same table: $300 to $500 is a first DWAI, the lighter traffic infraction, and $1,000 to $2,500 is a first aggravated DWI, at .18 or more. The same row also covers a first DWAI-drug, driving while impaired by a drug, whose license action is a suspension of at least six months instead of a revocation. The three minimum fines line up in order, $300 for DWAI, $500 for DWI and $1,000 for aggravated DWI.

Where this comes from

New York State Driver's Manual (MV-21), April 2026 version. The correct answer is $500 to $1,000.

More on alcohol and drugs

  1. What minimum license action does the penalty table list for a first conviction of aggravated driving while intoxicated (Agg-DWI)?
  2. 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?
  3. 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?
  4. A driver commits DWI while a 12-year-old is riding in the vehicle. Under Leandra's Law, what can the driver be charged with?

All 18 questions on this topic

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