Bronx DWI Lawyer

New York DWI Laws

There are a number of DWI laws that distinguish the different DWI offenses under New York's CPL.

Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law.


DWAI/Alcohol (Driving While Ability Impaired (by alcohol)): .05 BAC to .07 BAC, or other evidence of impairment.

DWI (Driving While Intoxicated): .08 BAC or higher or other evidence of intoxication.

Aggravated DWI: Aggravated Driving While Intoxicated: .18 BAC or higher.

DWAI/Drug: Driving While Ability Impaired by a single Drug other than alcohol.

DWAI/Combination: Driving While Ability Impaired by a the Combined Influence or Drugs or Alcohol.


Chemical Test Refusal:  If the driver is under age 21, and refuses a chemical test during the five years after a DWI-related charge or previous refusal, they will have their driver license revoked for at least one year or until age 21, whichever is longer and must pay a $750 civil penalty to apply for a new driver license.  For drivers aged 21 or over, a driver who refuses to take a chemical test (normally a test of breath, blood or urine) can receive a driver license revocation of at least one year (18 months for a commercial driver) and must pay a $500 civil penalty ($550 for a driver of commercial vehicles) to apply for a new driver license. A driver who refuses a chemical test during the five years after a DWI-related charge or previous refusal will have their driver license revoked for at least 18 months (permanent for a commercial driver) and must pay a $750 civil penalty to apply for a new driver license.