New York · Handbook chapter 7 · 6 min read

Chapter 7: Alcohol and other drugs

New York impaired driving law: what alcohol does to driving, BAC levels for DWAI, DWI and Aggravated DWI, standard drinks, chemical tests and implied consent, Zero Tolerance for drivers under 21, penalties, ignition interlocks and Leandra's Law.

Why this chapter matters

The manual reports that more than 40% of motor vehicle deaths in New York involve impaired driving. Permit tests ask about BAC levels, what lowers BAC (only time), chemical test refusal and the Zero Tolerance law for drivers under 21.

What alcohol does

Alcohol slows your reaction time, blurs your vision, distorts your judgment of speed and distance, lowers inhibitions and makes you more likely to take chances. It also slows your recovery from headlight glare, which makes drinking and driving at night especially dangerous. The effects start with the first drink, long before you feel or look drunk, and alcohol also makes it harder to judge your own condition.

Other drugs

Driving impaired by drugs, or by alcohol and drugs together, can be a crime. This includes marijuana/cannabis, illegal drugs such as cocaine, LSD, heroin and opium, and some prescription drugs. Mixing alcohol with other drugs severely reduces driving ability and can be deadly.

The offenses and BAC levels

You can be convicted on a police officer's evidence of your driving, appearance and behavior even without a chemical test. Commercial drivers face stricter BAC standards.

What sets your BAC

BAC depends on how much you drink, how much time passes between drinks and your weight. It does not depend on the type of drink, your fitness or how well you "hold your liquor."

These drinks hold about the same amount of alcohol:

• 1½ oz of 80-proof liquor
• 5 oz of 12% wine
• 12 oz of 5% beer
• 12 oz of 5% wine cooler

For a 150-pound man, each raises BAC by about 0.02%, and the body takes about one hour to remove it. Women generally take longer.

Food slows absorption a little but cannot prevent intoxication. Coffee, exercise and cold showers do not lower BAC. Only time does.

Chemical tests and implied consent

Under New York's Implied Consent law, driving in the state means you have agreed to a chemical test (breath, blood, urine or saliva) if arrested for an alcohol or drug violation.

• If you refuse after arrest, your license is suspended at arraignment, and the refusal can be used in court.
• If a DMV hearing confirms the refusal, your license is revoked, even if you are found not guilty of the driving charge.
• Refusal, drivers 21 or older: revocation of at least one year and a $500 civil penalty. Within five years of an earlier refusal or alcohol or drug violation: at least 18 months and $750.

Zero Tolerance for drivers under 21

The legal age to buy or possess alcohol in New York is 21. A driver under 21 with a measurable BAC of 0.02% to 0.07% violates the Zero Tolerance law:

• First violation: license suspended for six months, then a $100 suspension termination fee and a $125 civil penalty.
• Second violation: revocation for at least one year or until age 21, whichever is longer.
• A Zero Tolerance test refusal brings a revocation of at least one year.

Any alcohol or drug driving conviction while under 21 brings a revocation of at least one year. Using your license as false proof of age to buy alcohol also leads to suspension.

Penalties for a first offense

Repeat offenses within 5 or 10 years carry higher fines, felony charges and longer revocations. Convicted drivers also pay a Driver Responsibility Assessment of $250 a year for three years.

Ignition interlocks and Leandra's Law

• Anyone convicted of DWI or Aggravated DWI must install an ignition interlock on any vehicle they own or drive for at least 12 months, at their own cost. The car will not start until the driver gives an acceptable breath sample.
• Driving drunk with a child under 16 in the vehicle can be charged as a class E felony, with up to four years in prison (Leandra's Law).

Open containers

It is a traffic infraction for a driver or passenger on a public road to drink alcohol, hold an open container of alcohol or consume cannabis in a vehicle. A first conviction can bring a fine of up to $150 and up to 15 days in jail. Passengers in vehicles such as stretch limousines with the right commercial permit are exempt.

Avoiding trouble

Take turns as the designated driver, arrange a ride or overnight stay, hand your keys to a friend who is not drinking, use a cab, ride share or public transportation, alternate alcoholic and non-alcoholic drinks, and do not use cannabis before driving.