Photo: DanielPenfield, CC BY-SA 4.0, via Wikimedia Commons
Under New York’s Zero Tolerance Law, a driver under 21 with a blood alcohol content (BAC) of .02 to .07 loses their license for six months, and .02 can come from a single drink. Above that, New York has four alcohol offenses: DWAI (more than .05), DWI (.08), Aggravated DWI (.18), and drunk driving with a child under 16 in the car, which can be charged as a felony under Leandra’s Law. This guide sets out each level, the penalties, chemical test refusal, ignition interlocks and the open container law, with the extra rules for under-21s.
Key facts
- Under 21, BAC .02 to .07: Zero Tolerance, 6-month suspension, plus a $125 civil penalty and a $100 suspension termination fee.
- More than .05: legal evidence of impairment (DWAI).
- .08 or more: driving while intoxicated (DWI).
- .18 or more: Aggravated DWI.
- Any alcohol or drug conviction while under 21: license revoked for at least 1 year.
- Points: 11 for an alcohol or drug-related driving incident, enough on its own to reach the suspension limit.
New York BAC levels and offenses
| Offense | BAC or test |
|---|---|
| Zero Tolerance (under 21) | .02 to .07 |
| Driving While Ability Impaired by alcohol (DWAI) | More than .05 up to .07, or other evidence of impairment |
| Driving While Intoxicated (DWI) | .08 or more, or other evidence of intoxication (.04 for commercial vehicle drivers) |
| Aggravated DWI | .18 or more |
| DWAI-Drug | Impaired by a drug other than alcohol, including cannabis and some prescription drugs |
| DWAI-Combination | Impaired by alcohol and drugs together |
You can be convicted without a chemical test result. A police officer’s evidence about your driving, appearance and behavior can be enough.
How quickly BAC rises
The manual treats these as roughly equal drinks:
- 1½ ounces of liquor
- 5 ounces of wine
- 12 ounces of beer
- 12 ounces of wine cooler.
For a 150-pound male, each one raises BAC by about .02, and the body takes roughly an hour to remove it. Women generally take longer. Coffee, exercise and cold showers do not lower BAC. Only time does.
Zero Tolerance for drivers under 21
New York’s legal drinking age is 21. If you are under 21, driving with any measurable alcohol (.02 to .07) is a violation, decided at a DMV hearing rather than in criminal court.
| Under-21 situation | License action | Money |
|---|---|---|
| First Zero Tolerance violation | Suspended for 6 months | $125 civil penalty plus a $100 suspension termination fee |
| Second Zero Tolerance violation | Revoked for at least 1 year or until age 21, whichever is longer | $125 civil penalty plus a $100 re-application fee |
| Refusing a chemical test under Zero Tolerance | Revoked for at least 1 year | $300 civil penalty plus a $100 re-application fee |
| Conviction for DWAI, DWI or any alcohol or drug offense | Revoked for at least 1 year | Criminal fines (see below) |
| A second alcohol or drug conviction while under 21 | Revoked for 1 year or until 21, whichever is longer | Criminal fines |
| Alcohol or drug conviction in another state | New York license revoked for at least 1 year |
Using your license or a non-driver ID to buy alcohol illegally also leads to a suspension of your license, or of your right to apply for one. For how other states handle this, see zero tolerance laws for drivers under 21.
DWI and DWAI penalties in New York
These are the mandatory fines, maximum jail terms and license actions published by the New York DMV, as of November 2026. Surcharges and fees come on top.
| Conviction | Fine | Maximum jail | License action |
|---|---|---|---|
| DWAI (alcohol), first | $300 to $500 | 15 days | Suspended 90 days |
| DWAI, second within 5 years | $500 to $750 | 30 days | Revoked at least 6 months |
| DWAI, third within 10 years (misdemeanor) | $750 to $1,500 | 180 days | Revoked at least 6 months |
| DWI or DWAI-Drug, first | $500 to $1,000 | 1 year | Revoked at least 6 months |
| DWI or DWAI-Drug, second within 10 years (E felony) | $1,000 to $5,000 | 4 years | Revoked at least 1 year |
| Aggravated DWI, first | $1,000 to $2,500 | 1 year | Revoked at least 1 year |
| Aggravated DWI, second within 10 years (E felony) | $1,000 to $5,000 | 4 years | Revoked at least 18 months |
For under-21 drivers, the license actions are different: at least one year, as shown above.
What comes on top of the fine
- Surcharges and fees: a mandatory surcharge, crime victim assistance fee, additional surcharge and alcohol fee. These total $395 for alcohol-related misdemeanors and $520 for felonies, plus $5 in a town or village court.
- Driver Responsibility Assessment: $250 a year for three years, $750 in total. This also applies to a chemical test refusal.
- Points: 11, enough by itself to reach New York’s 11-points-in-24-months limit.
- No automatic return: the DMV decides when your license comes back. You must reapply and may have to retest.
- Repeat offenders: the DMV reviews your whole driving history before giving a license back after a revocation. Four alcohol or drug-related convictions or incidents in a lifetime, or three in 25 years plus another serious driving offense, mean the DMV denies the application permanently. Three in 25 years without a serious offense means a wait of up to five extra years, then a restricted license and an ignition interlock for five years.
For how these penalties fit into the wider point system, see New York probation period and point system.
Chemical tests and refusal
Under New York’s Implied Consent law, by driving in the state you have already agreed to a chemical test of your breath, blood, urine or saliva if you are arrested for an alcohol or drug offense. If you refuse:
- your license is suspended when you are arraigned in court
- the refusal can be used as evidence at your trial
- if a DMV hearing confirms the refusal, your license is revoked even if you are found not guilty of the DWI charge.
| Refusal | Revocation | Civil penalty |
|---|---|---|
| First refusal, any age | At least 1 year | $500 |
| Within 5 years of an earlier refusal or alcohol or drug-related charge | At least 18 months (1 year or until 21 for under-21s) | $750 |
See also implied consent and DUI in the US.
Leandra’s Law and ignition interlocks
Child passengers
Under Leandra’s Law, driving drunk with a child under 16 in the vehicle can be charged as a class E felony, punishable by up to four years in prison.
Ignition interlock
Courts must order anyone convicted of DWI or Aggravated DWI to install an ignition interlock and keep it for at least 12 months, at their own expense. The device must be fitted to any vehicle they own or drive, and the car will not start until the driver gives an acceptable breath sample. A court may waive the rest of the 12 months if the device has been in place for at least six months.
Conditional licenses
The law also makes it a felony to drive drunk while holding a conditional license. That is a limited license for trips such as work, school and medical visits that the DMV may issue after an alcohol conviction.
Open container and cannabis in the car
- A driver or passenger on a public road may not drink alcohol or have an open container of alcohol.
- A driver or passenger may not consume cannabis in the vehicle.
- A first conviction is a traffic infraction: a fine of up to $150, a mandatory surcharge, a crime victim assistance fee and possibly 15 days in jail.
- Further offenses within 18 months bring higher penalties.
- Passengers in stretch limousines and other vehicles with a US or NYS Department of Transportation commerce certificate or permit are exempt.
Driving while impaired by cannabis or other drugs is charged as DWAI-Drug. See drugged driving and cannabis.
Common questions
Is one beer over the limit for a New York driver under 21?
It can be. The manual says a .02 BAC could come from one drink, and .02 is where Zero Tolerance starts.
What is the legal limit in New York for drivers 21 and over?
.08 is DWI, but a BAC of more than .05 is already legal evidence of impairment (DWAI), and you can be convicted on other evidence even below that.
Is a Zero Tolerance violation a crime in New York?
The manual describes it as a violation found at a DMV hearing, with a license suspension and civil penalty. DWAI and DWI are charged in court, and DWI is a crime.
What happens to a junior license after a DWI?
Any alcohol or drug-related conviction while you are under 21 means revocation for at least one year, plus the criminal fines and jail risk for the offense.
Can I refuse a breath test in New York?
You can, but refusal after arrest brings its own revocation of at least one year and a civil penalty, even if you are later found not guilty of DWI.
Does a DUI in another state affect my New York license?
Yes. A New York license is revoked for at least 90 days after an out-of-state alcohol or drug conviction, or for at least one year if you are under 21.
Does cold coffee or a shower sober you up?
No. The manual is clear that only time lowers BAC.
Related guides
- Learning to drive in New York: complete guide
- New York junior license rules for NYC, Long Island and upstate
- New York phone and texting law for junior and probationary drivers
Sources
- New York State DMV, “New York State Driver’s Manual, Chapter 9: Alcohol and Other Drugs” (dmv.ny.gov)
- New York State DMV, “New York State Driver’s Manual, Chapter 2: How to Keep Your License” (dmv.ny.gov)
- New York State DMV, “Penalties for Alcohol or Drug-Related Violations” (dmv.ny.gov)
- New York State DMV, “Driver Responsibility Assessment (DRA)” (dmv.ny.gov)
- New York State DMV, “The New York State Driver Point System” (dmv.ny.gov)