What Are New York’s Blood Alcohol Concentration (BAC) Limits?
For Driving While Intoxicated (DWI), New York’s blood alcohol content BAC limit is .08%,
For Driving While Ability Impaired (DWAI) by alcohol – BAC more than .05% up to .07%, or other evidence of impairment,
For drivers who are under the age of 21 with a BAC of .02% or more, but not more than .07%, you will be charged with the traffic offense of “driving after having consumed alcohol.” You will then be provided with a notice to appear for a hearing before an administrative law judge of the Department of Motor Vehicles.
If your BAC is more than .05% but not more than .07%, the police will have the option of charging you with “driving while ability is impaired by alcohol” (DWAI). If your BAC is more than .07% but less than .08% you will be charged with the offense of “driving while ability is impaired by alcohol” (DWAI), and for those with a BAC of .08% or more, the charge will be “driving while intoxicated” (DWI). If you are charged with either DWI or DWAI, you will be arrested and dealt with in criminal court,
Aggravated Driving While Intoxicated is a BAC of .18% or higher.