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What blood alcohol level counts as DWI in New York?

At night, police officers in reflective vests direct a line of cars past orange traffic cones at a roadside checkpoint.

At what blood alcohol concentration (BAC) is an adult driver guilty of driving while intoxicated per se in New York?

Answer choices

The answer

A BAC of .08 percent or higher is DWI in New York. A BAC above .05 is legal evidence of impairment (DWAI), and .18 or higher is aggravated DWI.

Vehicle and Traffic Law section 1192 prohibits driving with a BAC of .08 percent or more (subdivision 2) and with .18 percent or more (subdivision 2-a), measured by chemical analysis of blood, breath, urine, or saliva. Subdivision 1 bars driving while ability is impaired by alcohol.

The DMV Driver's Manual summarizes the levels: more than .05 is legal evidence of impairment, .08 or higher is DWI, and .18 or higher is aggravated DWI. By driving in New York you are considered to have consented to a chemical test.

Exceptions

  • Drivers under 21 face the zero tolerance law, which applies to any measurable alcohol; the DMV manual lists that range as .02 to .07.
  • The DMV manual says commercial drivers face stricter standards but gives no number on that page.

Penalty

Per the DMV manual, a first DWI conviction brings a fine of $500 to $1,000, up to 1 year in jail, and a minimum 6-month license revocation. These figures exclude mandatory surcharges and fees. The manual page is undated.

Why this rule matters for safety

Alcohol slows reaction time and weakens judgment, and impairment starts before a driver feels drunk. A set limit gives drivers and police a clear standard.

Official sources

Rules checked against these sources on . Laws change. Confirm with the New York agency before you rely on this for a legal matter.

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