Alcohol, drugs and DWI

Key points

1. A BAC of more than .05 is legal evidence of impairment, .08 or higher is evidence of intoxication, and .18 or more is evidence of aggravated DWI.

   Source: Chapter 9

   “A BAC of more than .05 percent is legal evidence that you are impaired, a BAC of .08 percent or higher is evidence of intoxication, and a BAC of .18 percent or more is evidence of aggravated driving while intoxicated.”
   New York State Driver's Manual, Chapter 9

2. Under 21, driving with any measurable BAC (.02 to .07) is a Zero Tolerance violation that brings a 6 month suspension.

   Source: Chapter 9

   “it is a violation for a person under 21 to drive with any BAC that can be measured (.02 to .07). After a finding of violation is determined at a DMV hearing, the driver license will be suspended for six months.”
   New York State Driver's Manual, Chapter 9

3. 1 1/2 ounces of liquor, 5 ounces of wine and 12 ounces of beer carry about the same alcohol, so no drink is safer.

   Source: Chapter 9

   “1 1/2 ounces of liquor, 5 ounces of wine, 12 ounces of beer and 12 ounces of wine cooler. None is "safer to drink" than the others.”
   New York State Driver's Manual, Chapter 9

4. Each of those drinks raises a 150 pound man's BAC by about .02, and the body needs about 1 hour to remove it.

   Source: Chapter 9

   “For a 150-pound male, each one of these drinks contains enough alcohol to increase his BAC by about .02 percent. On average, it takes the body approximately one hour to remove that much alcohol.”
   New York State Driver's Manual, Chapter 9

5. Only time lowers your BAC; coffee, exercise and cold showers do not.

   Source: Chapter 9

   “The only method to effectively reduce your BAC is to not drink over a period of time. Coffee, exercise and cold showers cannot reduce your BAC and the effects of alcohol.”
   New York State Driver's Manual, Chapter 9

6. If you refuse a chemical test after an arrest, your license is suspended when you are arraigned in court.

   Source: Chapter 9

   “If you refuse to take the test after being arrested, your driver license will be suspended when you are arraigned in court on the alcohol or other drug-related charge.”
   New York State Driver's Manual, Chapter 9

7. A first chemical test refusal by a driver over 21 means a revocation of at least 1 year.

   Source: Chapter 2

   “Chemical test refusal, drivers over age 21: minimum one-year revocation”
   New York State Driver's Manual, Chapter 2

8. A DWI conviction (.08 BAC) brings a revocation of at least 6 months.

   Source: Chapter 2

   “Driving while intoxicated (DWI), with .08 of one percent blood alcohol content (.08 BAC): minimum six-month revocation”
   New York State Driver's Manual, Chapter 2

9. If you are under 21 when arrested, any alcohol or drug driving conviction brings a revocation of at least 1 year.

   Source: Chapter 2

   “If you are under age 21 when arrested, conviction for any of the alcohol or drug-related violations listed above will result in a minimum one-year revocation.”
   New York State Driver's Manual, Chapter 2

10. A DWI conviction requires an ignition interlock on any vehicle you own or drive for at least 12 months.

    Source: Chapter 9

    “to install and maintain an ignition interlock on any vehicle owned or operated by such driver for at least 12 months”
    New York State Driver's Manual, Chapter 9

Numbers to know

3 questions from the New York practice test

1. 1. At what BAC does a New York driver enter the DWI category?

   1. .08 or higher
   2. .10 or higher
   3. .05 or higher
   4. .18 or higher only
   Show answer

   .08 or higher. The New York DWI category begins at a BAC of .08 or higher. The .05 figure is below that threshold and can fall into the alcohol impairment range under the conditions described in the manual. A .10 result is already within the DWI range, but it is not the starting point. The .18 choice identifies aggravated DWI, a more serious tier. On a practice test, read the wording as a threshold question and select the earliest BAC that activates DWI.

2. 2. What BAC level can result in an Aggravated DWI charge in New York?

   1. .15 or higher
   2. .08 or higher
   3. .12 or higher
   4. .18 or higher
   Show answer

   .18 or higher. Aggravated DWI applies at .18 BAC or higher in New York. The .08 threshold starts ordinary DWI, while .12 and .15 are lower numbers that do not mark the aggravated category in this manual. The important distinction is the gap between the ordinary and aggravated thresholds, not simply whether alcohol is present. Use .18 as the cue for the aggravated tier, and remember that the license consequence and criminal consequences can be more severe at that level.

3. 3. What BAC is legal evidence that a New York driver is impaired?

   1. .02 percent or higher
   2. .08 percent or higher
   3. More than .05 percent
   4. .18 percent or higher
   Show answer

   More than .05 percent. New York treats a BAC of more than .05 percent as legal evidence that the driver is impaired. The .08 percent threshold is associated with intoxication, while .18 percent is the aggravated intoxication threshold. The .02 percent choice is associated with the under-21 zero-tolerance range, not the general impairment standard asked here. Pay attention to the wording more than .05, because an exact .05 reading is not included in that phrase. Sort the thresholds by the legal category they identify before choosing.

Source: the New York State Driver's Manual, Chapter 9: Alcohol and Other Drugs. This lesson is a plain English summary, not the law itself; where it differs, the manual and the statute govern. Last checked 2026-09-27.