NYS Department of Motor Vehicles
Governor's Traffic Safety Committee

Alcohol, Drugs & DWI
Frequently Asked Questions

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Note:  "ZERO TOLERANCE" LAW (Under 21)
Legislation in New York State affects drivers under 21 years of age.

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How much do I have to drink before it affects my driving?

Any amount of alcohol affects your judgment and coordination. The degree of impairment depends upon:

What is BAC?

BAC stands for "blood alcohol concentration." It's a measure of the amount of alcohol in your blood. In New York State, a BAC of more than .05% is evidence that your ability is impaired by alcohol (DWAI or driving while ability impaired). A BAC of .08% or more is evidence of intoxication (DWI, driving while intoxicated, and/or driving with a BAC of .08 or more.) Under New York's Zero Tolerance Law, drivers under age 21 may be detained for driving with as little as .02% BAC.

How can I sober up quickly?

There is no quick way. Only time can make you sober. You must wait for your body to metabolize the alcohol. Most people need about one hour to metabolize one drink.

What will happen if I am stopped for drunk driving?

If a police officer believes you are intoxicated, you will be arrested and requested to take a BAC test. If convicted you will face a substantial fine, license revocation, higher insurance costs, legal fees and a possible jail sentence. [See Section 1192, NYS Vehicle & Traffic Law.]

Is plea bargaining possible?

The law prohibits a plea to reduce an alcohol traffic offense to a non-alcohol traffic offense.

What if I don't take the BAC test?

Your license will be suspended by DMV at arraignment and later revoked at a hearing. You are also subject to a civil penalty of $200-500. [Section 1194, NYS Vehicle & Traffic Law.]

Does age have anything to do with penalties?

Yes. If you are under 21 and convicted of an alcohol related offense your license is revoked for at least one year. A second offense while under 21 results in a one year revocation or a revocation until age 21, whichever is longer. [Section 1193.2(b) (6),(7) of the NYS Vehicle & Traffic Law.]

What are the chances that if I drink and drive that I will be caught?

Greater than ever before. The STOP-DWI Law has increased both enforcement and prosecution of drunk drivers. This law returns fine money to counties for anti-DWI programs. Also State and local police are doing blanket patrols and checkpoints to aid in the apprehension of drunk drivers. These enforcement efforts can occur at any place and time.

Can I receive a limited license to drive if I am convicted of drunk driving?

In some cases, yes. Such conditional licenses are available mostly to first time offenders who agree to attend the 16 hour Drinking Driver Program. [Section 1196, NYS Vehicle & Traffic Law.]


http://www.nysgtsc.state.ny.us/alco-faq.htm -- Revised: March 03, 2006


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