New York Drunk Driving Law

Here are highlights from New York law on operating a vehicle while under the influence (NY Vehicle and Traffic Code Article 31). Click on the links for further explanation of the legal terms associated with drunk driving in New York.

'Per Se' BAC Level: .08

Zero Tolerance BAC Level: .02

Enhanced Penalty BAC Level: .18

Implied Consent Law: Yes

License Suspension 1st Offense: 90 days

License Suspension 2nd Offense: 6 months

License Suspension 3rd Offense: 6 months

Mandatory Jail Time after 2nd offense: No

Mandatory Alcohol Education: Yes

Mandatory Assessment/Treatment: Yes

Possible Ignition Interlock: Yes

Possible Vehicle Confiscation: After 2nd offense

Hardship License while license suspended: Yes

Open Container Law: For driver and passenger

These are highlights of the main provisions of New York law pertaining to drunk driving. Other factors can increase the penalties for drunk driving, such as if an injury or death occurred, or if a child was endangered.

If you have been arrested for drunk driving in New York, contact an attorney in your area to determine you rights and responsibilities.

Source: NY Vehicle and Traffic Code Article 31