DUI in New York
State-specific overview · Criminal Law
New York distinguishes DUI as "Driving While Intoxicated" (DWI) and uses a 0.08% BAC threshold with enhanced penalties for high BAC levels.
How New York treats DUI
New York law commonly refers to DUI as DWI and imposes escalating penalties based on BAC: drivers with a BAC of 0.18% or higher face more severe consequences than those at 0.08%–0.17%. A first DWI conviction results in a mandatory license revocation of at least six months and up to one year. New York also recognizes "aggravated DWI" for BAC levels of 0.18% or higher, which carries harsher penalties including longer jail sentences and license suspensions.
The general definition of DUI
Driving under the influence of alcohol or drugs, a serious criminal offense.
DUI stands for Driving Under the Influence and means operating a vehicle while impaired by alcohol, drugs, or both. You can be charged with DUI even if your blood alcohol level is below the legal limit if your driving is noticeably impaired. Penalties vary by jurisdiction and whether it's a first or repeat offense, but typically include fines, license suspension, jail time, and mandatory alcohol education programs. A DUI conviction has lasting effects on insurance rates, employment, and your driving record.
Read the full DUI entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in New York.