Tags show the kind of rule and whether it’s a written-test point or matters on the drive test (our tagging). Each rule links to its official source.
Impaired driving is involved in more than 40% of New York’s traffic deaths.
Safety advice NY Driver’s Manual, ch. 9: Alcohol and Other Drugs
Drivers under 21 are about 4% of all drivers but about 7% of the impaired drivers in fatal crashes, one reason young drivers face tougher license penalties.
Safety advice NY Driver’s Manual, ch. 9: Alcohol and Other Drugs
Penalties for alcohol- and drug-related driving are tough, enforcement is strong, and New York law sharply limits plea bargaining on these charges.
Law NY Driver’s Manual, ch. 9: Alcohol and Other Drugs
Alcohol slows your reactions, blurs your vision, throws off your sense of speed and distance, and makes you more willing to take chances. The effects begin with the first drink, long before you feel drunk.
Safety advice Written test NY Driver’s Manual, ch. 9: Alcohol and Other Drugs
Drinking and driving is especially dangerous at night: alcohol worsens your already limited night vision and slows your recovery from oncoming headlight glare.
Safety advice Written test NY Driver’s Manual, ch. 9: Alcohol and Other Drugs
Alcohol also blunts your ability to judge your own condition, so you may feel confident at exactly the moment you shouldn’t be driving at all.
Safety advice Written test NY Driver’s Manual, ch. 9: Alcohol and Other Drugs
Driving while impaired by drugs can be a crime, whether the drug is marijuana/cannabis, an illegal drug such as cocaine, LSD, heroin or opium, or some prescription medicines. Mixing alcohol and drugs is especially dangerous.
Law Written test NY Driver’s Manual, ch. 9: Alcohol and Other Drugs
Arrestable offenses in New York: aggravated DWI, DWI, any driving at 0.08% BAC or higher, impairment by a drug (DWAI-drug), impairment by alcohol (DWAI), and impairment by alcohol and drugs together.
Changed 2026-02-16: Since 2026-02-16, an alcohol- or drug-related driving conviction or incident also puts 11 points on your record; it used to carry none. DMV news: updated point values (2026)
Law Written test NY Driver’s Manual, ch. 9: Alcohol and Other Drugs NY Vehicle and Traffic Law §1192
BAC is usually measured from breath, blood, urine or saliva. Above 0.05% is evidence you’re impaired (DWAI), 0.08% or more is evidence of intoxication (DWI), and 0.18% or more is evidence of aggravated DWI.
California differs: California’s BAC limit for most drivers over 21 is 0.08%, and an impaired driver can be convicted of DUI even without a BAC reading. New York adds a lower DWAI tier above 0.05% (a traffic infraction with a 90-day suspension) and an aggravated tier at 0.18%. California rule
Law Written test NY Driver’s Manual, ch. 9: Alcohol and Other Drugs NY Vehicle and Traffic Law §1192
Commercial drivers face even tougher BAC standards and penalties than other drivers; the full rules are in Section 1 of the CDL-10 Commercial Driver’s Manual.
Law NY Driver’s Manual, ch. 9: Alcohol and Other Drugs NY Vehicle and Traffic Law §1192
You can be convicted without a chemical test: an officer’s account of your driving, appearance and behavior can be enough evidence.
Law Written test NY Driver’s Manual, ch. 9: Alcohol and Other Drugs
At sentencing for an alcohol or drug violation, the court must suspend or revoke your license and takes it at once, even if it allows up to 20 more days of driving.
Law NY Driver’s Manual, ch. 9: Alcohol and Other Drugs
Your BAC depends on how much you drink, the time between drinks, and your weight, not on the type of drink, how fit you are, or how well you think you hold your liquor.
Safety advice Written test NY Driver’s Manual, ch. 9: Alcohol and Other Drugs
A 1.5-ounce shot of 80-proof liquor, a 5-ounce glass of 12% wine, a 12-ounce 5% beer and a 12-ounce wine cooler hold about the same alcohol, so none is a ‘safer’ choice.
Safety advice Written test NY Driver’s Manual, ch. 9: Alcohol and Other Drugs
Each of those drinks raises a 150-pound man’s BAC by about 0.02%, and his body needs roughly an hour to clear it. Women generally take longer, and body weight changes the effect.
California differs: California’s handbook says BAC drops only about 0.01% per 40 minutes; New York’s manual says the body needs about one hour to clear one drink. California rule
Safety advice Written test NY Driver’s Manual, ch. 9: Alcohol and Other Drugs
Eating slows alcohol absorption a little but can’t prevent impairment. Only time lowers your BAC; coffee, exercise and cold showers may keep you awake but won’t sober you up.
Safety advice Written test NY Driver’s Manual, ch. 9: Alcohol and Other Drugs
Implied consent: by driving in New York you’re deemed to have agreed to a chemical test of your breath, blood, urine or saliva if police arrest you for drinking or drug-impaired driving.
Law Written test NY Driver’s Manual, ch. 9: Alcohol and Other Drugs NY Vehicle and Traffic Law §1194
Refuse the test after arrest and your license is suspended at arraignment, the refusal can be used against you at trial, and if a DMV hearing confirms it, your license is revoked even if you’re found not guilty.
Law Written test NY Driver’s Manual, ch. 9: Alcohol and Other Drugs NY Vehicle and Traffic Law §1194
Refusing the test costs at least a 1-year revocation, or 18 months if you had a refusal or alcohol/drug violation in the past 5 years, plus a $500 civil penalty ($750 for a repeat).
California differs: California’s refusal penalty is a 1-year suspension or revocation; New York adds a $500 civil penalty and 18 months for a repeat within 5 years. California rule
Law Written test NY Driver’s Manual, ch. 2: How to Keep Your License NY Vehicle and Traffic Law §1194
Under 21, a first refusal brings at least a 1-year revocation, and a second means revocation until 21 or for 1 year, whichever is longer. Refusing a zero-tolerance test also costs at least 1 year.
Law Written test NY Driver’s Manual, ch. 2: How to Keep Your License NY Vehicle and Traffic Law §1194
Aggravated DWI (BAC 0.18%+), first offense: a misdemeanor with a $1,000–$2,500 fine, up to 1 year in jail, and at least a 1-year license revocation.
Law Written test NY Driver’s Manual, ch. 9: Alcohol and Other Drugs
A second aggravated DWI within 10 years is a class E felony: a $1,000–$5,000 fine, up to 4 years in prison, and at least 18 months’ revocation.
Law Written test NY Driver’s Manual, ch. 9: Alcohol and Other Drugs
DWI (BAC 0.08%+) or DWAI-drug, first offense: a misdemeanor with a $500–$1,000 fine, up to 1 year in jail, and at least 6 months without a license (a revocation for DWI).
Law Written test NY Driver’s Manual, ch. 9: Alcohol and Other Drugs
A second DWI or DWAI-drug within 10 years is a class E felony: a $1,000–$5,000 fine, up to 4 years in prison, and at least a 1-year revocation.
Law Written test NY Driver’s Manual, ch. 9: Alcohol and Other Drugs
A second DWI or DWAI-drug within 5 years of an earlier DWI brings a mandatory minimum of 5 days behind bars or 30 days of community service.
Law NY Driver’s Manual, ch. 9: Alcohol and Other Drugs
DWAI from alcohol and drugs combined: a first offense is a misdemeanor ($500–$1,000, up to 1 year, 6+ months’ revocation); a second within 10 years is a class E felony ($1,000–$5,000, up to 4 years, 1+ year revocation).
Law NY Driver’s Manual, ch. 9: Alcohol and Other Drugs
DWAI (alcohol), first offense: a traffic infraction with a $300–$500 fine, up to 15 days in jail, and a 90-day license suspension.
Law Written test NY Driver’s Manual, ch. 9: Alcohol and Other Drugs
A second DWAI within 5 years: $500–$750, up to 30 days in jail, and at least a 6-month revocation. A third within 10 years is a misdemeanor: $750–$1,500, up to 180 days, and at least a 6-month revocation.
Law Written test NY Driver’s Manual, ch. 9: Alcohol and Other Drugs
Those fines exclude mandatory surcharges and crime-victim fees. A third or later conviction within 10 years can bring higher fines, longer jail and even lifetime revocation, and a revoked license never comes back automatically: you must reapply and may have to retest.
Law NY Driver’s Manual, ch. 9: Alcohol and Other Drugs
A DWI or aggravated DWI conviction means installing, at your own cost, an ignition interlock (a breath tester you must pass to start the car) on every vehicle you own or drive for at least 12 months; a court may end it after 6.
California differs: California’s handbook lists an interlock only as a possible DUI consequence; in New York every DWI or aggravated DWI conviction requires one. California rule
Law Written test NY Driver’s Manual, ch. 9: Alcohol and Other Drugs
For a repeat offender the judge must order an alcohol assessment; if it shows treatment is needed, finishing treatment can be made a condition of probation.
Law NY Driver’s Manual, ch. 9: Alcohol and Other Drugs
Leandra’s Law: driving while intoxicated by alcohol, or while impaired by drugs or by drugs and alcohol combined, with a child under 16 in the vehicle can be charged as a class E felony carrying up to 4 years in prison.
Law Written test NY Driver’s Manual, ch. 9: Alcohol and Other Drugs NY Vehicle and Traffic Law §1192
After an alcohol-related conviction, DMV may issue a conditional license that’s good only for essential trips such as work, school and medical visits.
Law NY Driver’s Manual, ch. 9: Alcohol and Other Drugs
Driving drunk on a conditional license is a felony. The license is revoked if you break the court’s terms or are convicted of any traffic offense other than a parking, stopping or standing violation.
Law NY Driver’s Manual, ch. 9: Alcohol and Other Drugs
Zero Tolerance: a driver under 21 may not drive with any measurable BAC, 0.02% to 0.07%, a level one drink can reach. A DMV hearing decides the case and a finding isn’t a criminal conviction, but at 0.05% or more police can also charge DWAI or DWI in criminal court.
California differs: California’s under-21 line is 0.01%; New York’s zero-tolerance band starts at 0.02%, and from 0.05% an under-21 driver can also be charged with DWAI or DWI in criminal court. California rule
Law Written test NY Driver’s Manual, ch. 9: Alcohol and Other Drugs NY Vehicle and Traffic Law §1192-A
A zero-tolerance finding brings a 6-month suspension, and getting the license back costs a $100 suspension termination fee plus a $125 civil penalty. A second finding means revocation for at least 1 year or until 21, whichever is longer.
Law Written test NY Driver’s Manual, ch. 9: Alcohol and Other Drugs
Using a driver license or non-driver ID as false proof of age to buy alcohol (the legal age is 21) gets your license suspended, or your right to apply for one.
Law Written test NY Driver’s Manual, ch. 9: Alcohol and Other Drugs
Drivers and passengers in a vehicle on a public road may not drink alcohol, hold an open alcoholic container, or consume cannabis. The alcohol rules don’t apply to passengers in stretch limousines and other vehicles displaying a U.S. or NYS DOT commerce certificate or permit. A first conviction: up to $150 plus surcharges and up to 15 days in jail; repeats within 18 months cost more.
Law Written test NY Driver’s Manual, ch. 9: Alcohol and Other Drugs
The open-container ban doesn’t cover passengers in stretch limousines or other vehicles operating under a U.S. or New York State DOT commerce certificate or permit.
Law NY Driver’s Manual, ch. 9: Alcohol and Other Drugs
Before restoring a revoked license, DMV reviews your entire driving history. Four alcohol- or drug-related convictions or incidents in a lifetime, or three in 25 years plus another serious driving offense, mean permanent denial.
Law NY Driver’s Manual, ch. 9: Alcohol and Other Drugs
With three such convictions in 25 years but no serious offense, DMV denies a new license for 5 years beyond the revocation (2 years if the revocation was for something else), then issues a restricted license with a 5-year interlock requirement.
Law NY Driver’s Manual, ch. 9: Alcohol and Other Drugs
Drivers suspended or revoked twice for drinking and driving within 25 years can no longer cut the term short through DMV’s Impaired Driver Program; they must serve the full period.
Law NY Driver’s Manual, ch. 9: Alcohol and Other Drugs
If impaired driving kills or hurts someone, you can face charges like vehicular assault, vehicular manslaughter, aggravated vehicular homicide or criminally negligent homicide, with fines in the thousands and up to 25 years in prison.
Law NY Driver’s Manual, ch. 9: Alcohol and Other Drugs
Driving on a suspended or revoked license brings a mandatory fine of $200 to $1,000 plus jail or probation; if you’re also impaired when arrested, the fine can reach $5,000 and your car can be seized.
Law NY Driver’s Manual, ch. 9: Alcohol and Other Drugs
An impaired-driving crash costs far more than fines: your insurance may not cover it, you can be sued, insurance becomes hard and expensive to buy for years, legal fees pile up, and a criminal record can hold back your career.
Safety advice NY Driver’s Manual, ch. 9: Alcohol and Other Drugs
Plan before you drink: rotate a designated driver who drinks nothing, stay over or ride home with a sober friend, hand your keys to someone who won’t let you drive, or take a cab, rideshare or public transit.
Safety advice Written test NY Driver’s Manual, ch. 9: Alcohol and Other Drugs
If you do drink, go slowly and alternate with non-alcoholic drinks, don’t make alcohol the focus of the event, stop several hours before you leave, and don’t smoke, vape or eat cannabis before driving.
Safety advice NY Driver’s Manual, ch. 9: Alcohol and Other Drugs