When facing a driving while intoxicated (DWI) charge in New York, a common initial concern is the impact on one’s driver’s license. Previously, people were surprised to learn that the state does not assign DMV points for drunk driving convictions, even though your license could still be suspended or revoked. However, this leniency has been eliminated by a recent update to New York’s point system. Please continue reading as we explore what you should know about these matters and how our experienced Suffolk County DWI Lawyers can assist you. 

Will I Receive Points on My License for a DWI in New York?

Recent changes by the DM in New York have significantly altered the penalties for DWI convictions. Under the new rules, a conviction for either a DWI or DWAI offense now results in the assignment of 11 driver violation points on the offender’s driving record.

Historically, DWI and DWAI convictions carried substantial penalties, including license suspension and revocations, but did not contribute to the DMV’s standard driver point system. The state has now explicitly integrated these drunk-driving convictions, treating alcohol and drug violations like other moving offenses. This change integrates DWI into the standard point threshold used to identify and potentially suspend the licenses of drivers accumulating excessive points. The DMV’s primary goal is to classify DWI as a “top-tier” safety offense, rather than keeping it in a separate enforcement category.

It is important to understand that New York’s point system is designed to penalize those who engage in dangerous driving practices based on the accumulation of points over a set period, which can trigger DMC actions such as:

  • License suspension
  • Mandatory hearings
  • Required defensive driving courses
  • Substantial assessment fees

Since the maximum point total that can lead to a general license suspension is 11, a single DWI or DWAI conviction now instantly places a driver in the “danger zone.” This applicaiton of 11 points is in addition to the automatic license revocation or suspension already imposed by the DWI statute itself. Therefore, a driver with a previously clean record faces a dual penalty from one conviction: a license penalty under alcohol laws and an immediate trigger for potential suspension under the general point accumulation system.

How Does the New York Point System Work?

The state utilizes a Driver Violation Point System to penalize certain moving violations, such as speeding, reckless driving, tailgating, and running red lights. Accumulating excessive points within a specific timeframe can lead to the loss of your driving privileges. Points are typically tracked over an 18-24 month window. Accumulating six or more points within the tracking period results in a Driver Responsibility Assessment fee, which is a multi-year surcharge paid to the DMV.

If you are facing a DWI charge in New York, it is in your best interest to contact an attorney at Castro & Trodden, LLC. Our legal team will fight to protect your driving privileges. Contact our firm today to schedule a consultation.