In New York State driving while intoxicated (DWI) offenses involve alcohol and drug-related violations. There are seven such violations. Those violations involving alcohol refer to blood alcohol concentration (BAC), which must be under a certain level for someone to be considered unimpaired.
To be charged with DWI a driver must have a .08 BAC or higher or act in a manner that reveals they are intoxicated. Those who are driving a commercial vehicle are considered to be DWI if their BAC is .04 or higher or they show signs of intoxication. If a driver of any motor vehicle registers .18 BAC or higher, they may be charged with Aggravated DWI.
For a person to be Driving While Ability Impaired by alcohol (DWAI/Alcohol ) their BAC range will be from .05 to .07 or they may in some way show evidence of being impaired. For those under the age of 21 driving a commercial vehicle the legal limit is .02 BAC or other evidence of being impaired. Additional violations include Driving While Ability Impaired by a single Drug (DWAI/Drug) and Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol (DWAI/Combination). In New York State there is a Zero Tolerance Law. This applies to drivers under the age of 21 who drive with a BAC between .02 and .07.