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New York DWI Laws and Penalties
Definition of Intoxication:
New York Driving While Intoxicated (DWI) may be proved two different ways:
1. With a police officer’s testimony that your demeanor or conduct indicated that you were driving while intoxicated; or
2. Proving a driver had a blood alcohol concentration (BAC) of 0.08 or greater (or 0.04, for CDL drivers). New York drivers under age 21 are DUI if they have ANY detectable BAC (the “Zero Tolerance” law), but courts use 0.02 BAC as the legal standard.
When Can I Drive, if I’ve Been Drinking?
The best way to avoid DWI in New York is to have someone else drive, if you’ve been drinking. If you must drive, authorities recommend you wait at least one hour for every beer or average drink you’ve had.
For one adult, achieving a 0.08 BAC might require a certain number of drinks, but for another, it could take much less alcohol, because many other factors affect how the body metabolizes alcohol, like weight, gender, body fat, and recent eating, among others.
Even if your BAC is below 0.08, you can still be DWI, if a jury believes a police officer’s testimony about evidence of your intoxication. In other words, the “legal level” only works in favor of the prosecutor, if you cross it. Being below it does not make you legal.
Summary of Illegal BAC Levels in New York:
•Adult Driver - DWI with BAC of 0.08 or higher; DWAI if > 0.05 but < 0.08.
•Commercial Vehicle Driver - DWI with a BAC of 0.04 or higher.
•Under 21 Driver – DWI violation of New York Zero Tolerance Law with BAC of 0.02 or higher.
