In New York, any BAC over .08 is considered a DWI. Additional, the following classifications for different types of DWIs in New York are:
- Driving While Intoxicated (DWI): .08 Blood Alcohol Content (BAC) or higher or other evidence of intoxication. For drivers of commercial motor vehicles: .04 BAC or other evidence of intoxication
- Aggravated Driving While Intoxicated (Aggravated DWI): .18 BAC or higher
- Driving While Ability Impaired by Alcohol (DWAI/Alcohol): more than .05 BAC but less than .07 BAC, or other evidence of impairment
- Driving While Ability Impaired by a Single Drug other than Alcohol (DWAI/Drug)
- Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol (DWAI/Combination)
- Chemical Test Refusal: A driver who refuses to take a chemical test (normally a test of breath, blood or urine)
- Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law
DWIs are researched in New York more than 47 other states, as illustrated by the following Google keyword search data:
In order to get an idea of just how many New Yorkers have been arrested for a DWI, we asked 1,000 of them whether they had. The results are displayed in the infographic below:
