Ranges set by law, not a grid
New York does not use a sentencing grid for DWI cases the way the federal system does for many federal crimes. Instead, state law sets the range of possible sentences for each charge, along with certain mandatory components. Within that range, the judge has discretion, often shaped by a plea agreement. Some other states use guideline systems for felonies, which can include repeat impaired-driving cases, so information from another state may not apply to a New York case. Online calculators built for other systems can be especially misleading here. The federal guidelines are written for federal cases and do not govern a state DWI prosecution.
What is fixed and what is open
Some parts of a sentence are fixed by law, including the license consequence and, in New York, an ignition interlock requirement after a DWI conviction. Other parts, like whether jail is imposed or what treatment is required, tend to vary more with the facts. Prior convictions and aggravating facts can raise both the floor and the ceiling. Understanding which parts are fixed and which are open is the core of planning for sentencing, and it is often where negotiation has the most room. Prosecutors' offices may also have internal policies about offers, but those are not guidelines that bind the judge.
Federal and out-of-state cases
An impaired-driving arrest on federal property, such as a national park or a military installation, can lead to a federal case with its own procedures. A case in another state follows that state's sentencing law, which may be quite different from New York's. If you are not sure which court your case is in, start by bringing whatever paperwork you have. We can tell you which rules apply and which sentence components are realistically in play, so you are not relying on a chart that was never meant for your case.
