All New York drivers are subject to the state’s DWI and DWAI laws that prohibit driving while impaired by drugs or alcohol or with a blood alcohol concentration (BAC) of .08% or more. However, New York additionally has more strict impaired driving rules that apply to drivers who are under the age of 21.
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.
Impaired driving investigations typically involve the officer requesting that the suspect take a breath or blood test. Of course, the purpose of these tests is to determine blood alcohol content (BAC) or the amount of drugs in the suspect’s system.
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.