Like every state, drinking and driving is illegal in New York, and the state imposes severe penalties on those who do so. Not only will you have to pay associated fees and have your license suspended, but your car insurance rates will likely increase significantly. You might even risk losing your insurance. Bankrate explains how drinking and driving can affect your insurance and suggests strategies to save money on your premiums.
Drinking and driving in New York
New York State takes drinking and driving very seriously. The state determines charges and penalties based on the circumstances and the driver’s age. We’ll explain the categories of drinking and driving offenses, but remember that your specific driving record plays a large role in determining the penalties you may receive.
New York Drinking and Driving Laws
In New York, there are several types of DUIs and how you can be convicted for driving under the influence of alcohol or a controlled substance. If you are caught driving with a certain blood alcohol concentration (BAC), here are some things to keep in mind.
- 0.08 or higher You may be convicted of driving while intoxicated (DWI)
- 0.05 or more and less than 0.07 You may be convicted of driving while intoxicated (DWAI)
- 0.18 or higher You could be convicted of a felony DUI.
- 0.02 or more If the driver is under 21, they can be arrested for drunk driving.
Keep in mind that all drivers in New York State are required to carry insurance, including those convicted of DUI. In New York State, this means purchasing a minimum of $25,000 in bodily injury liability insurance per person, $50,000 in bodily injury liability insurance per accident, and $100,000 in bodily injury liability insurance for multiple fatalities. Drivers in New York State are also required to carry property damage liability insurance in the amount of $10,000 per accident.
New York DUI Penalties
In New York State, penalties vary depending on the severity and frequency of your DUI or DWI convictions. Potential consequences include license revocation or suspension, fines, and even jail time. A first DUI conviction carries the lightest penalties of up to $500 in fines, up to 15 days in jail, and a 90-day license suspension. Multiple DUI offenses carry fines of up to $10,000 and up to seven years in jail. Penalties for multiple aggravated DUI or DUI causing bodily harm to another person can be even more severe. If you have been convicted of an aggravated DUI offense within the past 10 years, or any other alcohol-related driving offense, you will automatically have your license revoked for 18 months.
New York State Penalties for Underage Drinking Driving
Drivers under the age of 21 are violating the state’s zero tolerance law if they drink and drive. There is no jail time for violating this law, but underage drivers are subject to the following penalties:
- Civil penalty of $125
- 6 month license suspension
- There is a $100 fee to reinstate your license.
If an underage driver has previously violated the zero tolerance law and drives while intoxicated again, their driver’s license will be revoked for one year or until they turn 21. They will also be required to pay any associated fees.
How does DUI affect car insurance in New York?
A DUI conviction is a criminal offense in New York State, and a DUI can remain on your record in the state for up to 15 years (even longer if vehicular homicide is involved). This is why drivers with DUI convictions are typically considered high-risk drivers by insurance companies, and companies that extend insurance policies to DUI drivers typically charge significantly higher premiums to compensate for this additional risk.
On average, auto insurance costs for drivers with a clean accident record in New York state are $3,697 per year for full coverage and $1,544 per year for minimum coverage, compared to national average costs of $2,329 and $633, respectively. In New York state, drivers pay 59 percent more for auto insurance after a DUI. While this is less than the national average increase of 95 percent, New York state’s already high premiums bring the average annual premium for full coverage after a DUI to $5,890 and $2,536 for minimum coverage.
Some states require drivers convicted of DUI to provide an SR-22 certificate showing they have the legally required minimum insurance. New York is one of the few states that doesn’t require this certificate.
Cheap car insurance after a DUI in New York
Finding competitive rates on New York insurance after a DUI can take some effort, but comparing quotes from multiple companies may help you find the coverage you need within your budget. Each company considers different factors when determining rates, and some insurers, such as those that specialize in high-risk insurance, may not place as much importance on your driving record as others.
Below we have compiled average rates from major national and local insurance companies after one DUI: These rates are the average for drivers with one DUI in NY. Individual rates may vary.
| New York Commercial | $2,873 | $4,076 | 42% |
| Ellie | $3,253 | $5,532 | 70% |
| Geico | $3,387 | $7,806 | 130% |
| America | $3,867 | $5,917 | 53% |
| Comprehensive | $4,539 | $6,731 | 48% |
How to Find Affordable Car Insurance in New York After a DUI
It may feel impossible to stop your insurance premiums from increasing after a DUI, but there are strategies that can save you money. If you want to lower your insurance premiums after a DUI, consider the following:
- Shop nearby: Because each insurance company factors individual factors differently into calculating premiums, request quotes from several insurers to find out who is offering the cheapest rates. When requesting quotes, be sure to request the same coverage type and policy limits to make it easier to make a fair comparison.
- Look for discounts: While you probably won’t qualify for a no-accident discount, you might be able to get bundling discounts, multi-vehicle insurance discounts, low mileage discounts, etc. Plus, most insurance companies will let you combine discounts to maximize your savings.
- Take a driving safety course: Taking a New York driving safety course will not remove your DUI violation from your license, but completing the course may qualify you for a significant discount on your insurance premiums.
- Avoid future violations: A DUI will remain on your license, but you can work to keep your driving record clean. Drive safely to avoid getting more violations, which could increase your insurance premiums or even have your license revoked.
FAQ
Methodology
Bankrate uses Quadrant Information Services to analyze August 2024 rates for every zip code and insurer in all 50 states and Washington, D.C. Rates are weighted based on population density in each area. Estimated rates are based on a 40-year-old male and female solo driver with a no-accident record, good credit, and the following full coverage limits:
- $100,000 bodily injury liability per person
- Bodily injury liability of $300,000 per accident
- Property damage liability of $50,000 per accident
- $100,000 per person in bodily injury claims caused by uninsured motorists
- $300,000 in uninsured motorist injury compensation per accident
- $500 collision deductible
- $500 general deductible
To determine the minimum coverage limits, Bankrate used the minimum coverage that meets each state’s requirements: Our base profile driver owns a 2022 Toyota Camry, commutes to work five days a week, and drives 12,000 miles per year.
These are sample rates and should be used for comparison purposes only.
Incident: Rates were calculated by assessing the base profile by applying the following incidents: no criminal record (baseline) and one DUI conviction.
