An Alcohol-DWAI conviction in New York is a misdemeanor if the defendant has been convicted of two or more impaired driving offenses within the preceding ten years. A third conviction within ten years for DWI per se, DWI, Drug-DWAI, or Combination-DWAI is a class D felony.
Sobriety checkpoints are constitutional in New York when conducted with in predetermined guidelines. Perhaps the most important guideline is that the police must publicize the checkpoints ahead of time.
In New York, it’s illegal to drink or possess open containers of alcoholic beverages in motor vehicles. The prohibition on possessing open containers of alcohol applies to both drivers and passengers. However, there are some exceptions allowing passengers to drink and possess open containers in certain circumstances.