Important: This site provides general information, not individualized legal advice. Criminal cases are fact-specific, and laws and court procedures can change.
Basic DMV Definitions
Current New York DMV materials identify DWI at .08 BAC or higher and alcohol-based DWAI at more than .05 up to .07 BAC. DWAI-Drug and combined alcohol/drug impairment are separate categories.
Consequences Are Not Identical
The classification, potential fines, jail exposure, and license action differ by violation and history. Under-21 rules also differ. Because details change outcomes, avoid applying a single penalty chart to every case.
Where to Go Next
Return to the DWI hub for the broader defense pathway, including aggravated DWI and chemical-test refusal.