Driving while intoxicated carries a range of penalties for convicted New York motorists. The outcome of your case will vary depending on your situation, criminal history and other factors.
Review these important facts about DWI in New York before facing a court date for this type of offense.
Blood alcohol content
Your blood alcohol content, or BAC, plays a role in your possible DWI conviction. Drivers must have a measured BAC below 0.08%, or 0.04% if they have a commercial driver’s license. For drivers younger than 21, the legal BAC limit is 0.02%.
New York also has a law against driving while ability impaired. The state defines DWAI as BAC between 0.05% and 0.07%.
Problem driver restrictions
If you receive a driver’s license suspension in association with a DWI or DWAI, New York may designate you as a problem driver. While you can obtain driving privileges, you may drive only to and from your place of employment, your school, your child’s school, and the Department of Motor Vehicles. For most DWI convictions, problem driver restrictions last up to five years after you get your license back.
Ignition interlock device
Some convictions may require an ignition interlock device upon license reinstatement. In this case, you must install an approved IID at your own expense. This device takes a breath sample and prevents you from starting the engine if it detects alcohol.
First-time DWI offenders and others who have substance use issues may qualify for drug court programs in New York. Multiple offenders are subject to additional sanctions including permanent driver’s license revocation.