New York DUI/DWI Law
- If 21 years of age or older, if there is a BAC of 0.08 or more.
- If under 21 years of age with any detectable amount (See Zero Tolerance Law)
- If a commercial driver if there is a BAC of 0.04 or more while driving their commercial vehicle.
- If you are impaired for alcohol or any other drugs regardless of BAC.
- Aggravated Driving While Intoxicated (Aggravated DWI) is a .18 BAC or higher.
- Driving While Ability Impaired by Alcohol (DWAI/Alcohol) is more than .05 BAC but less than .07 BAC, or other evidence of impairment.
Frequently Asked Questions
What happens to your driver's license if you refuse to take a chemical test (breath or blood) when stopped?
Your driver's license will be automatically suspended for 365 days and you must pay a $500 civil penalty fine.
What is the Zero Tolerance Law?
The Zero Tolerance Law is for a driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC. Their license will automatically be suspended for 6 months and they will face a $100 suspension termination fee as well as a $125 civil penalty fee.
If I'm physically fit, will my Blood Alcohol Content (BAC) be lower?
No, your BAC can be affected by your weight, how much you drink and how much time passes between drinks.
Will drinking coffee, exercising, or taking a cold shower reduce my BAC?
No, you must wait for your body to metabolize the alcohol. That takes time.
What if a passenger is drinking in the car with me, but I'm not drinking?
It's illegal to have an open container of alcohol in the passenger area of your vehicle if you're driving or parked.
The potential punishment varies based on how many previous convictions you've had.
A First Offense:
- Fine between $500 and $1000
- Up to 1 year in a state jail
- Revocation or suspension of driver's license for 6 months
Your Second Offense:
- Fine between $1000 and $5000
- Up to 4 years in jail
- Revocation of driver's license for 1 year
For more information visit the New York State DMV site.