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New York driving lesson · Alcohol and Other Drugs

Alcohol, other drugs & the law

A 3-minute lesson from the New York course. Read the rules and examples, follow the handbook page references, and check your understanding before you move on.

Read time
3 minutes
Course unit
Alcohol and Other Drugs
Checkpoint questions
6
Source pages
54, 55

New York can charge you based on your BAC, on an officer's observations, or on drug impairment. Penalties are tough, enforcement is strong, and state law strictly limits plea bargaining for alcohol or drug charges.

Know the rule

Drivers under 21 are about 4 percent of the driving population but 7 percent of impaired drivers in fatal crashes. That's one reason license penalties are more severe for young drivers.

Handbook p. 54 ↗

Know the rule

It can be a criminal offense to drive while impaired by drugs, alcohol or both, including marijuana/cannabis, illegal drugs such as cocaine, LSD, heroin and opium, and some prescription drugs.

Handbook p. 54 ↗

Know the rule

Drugs can harm your reflexes, judgment, vision and alertness. Combining alcohol and other drugs severely reduces your driving ability and can cause serious health problems, including death.

Handbook p. 54 ↗

You can be arrested for:

  • Aggravated driving while intoxicated (Agg-DWI)
  • Driving while intoxicated (DWI)
  • Driving with a BAC of .08 percent or more
  • Driving while ability impaired by a drug (DWAI-drug)
  • Driving while ability impaired by alcohol (DWAI)
  • Driving under the combined influence of alcohol and drugs
Handbook p. 55 ↗

What your BAC is evidence of

What your BAC is evidence of
BACLegal meaning
More than .05 percentEvidence you are impaired (DWAI)
.08 percent or higherEvidence of intoxication (DWI)
.18 percent or moreEvidence of aggravated DWI (Agg-DWI)
Handbook p. 55 ↗

Know the rule

A chemical test isn't required to convict you. An officer's testimony about your driving, appearance and behavior can be enough evidence.

Handbook p. 55 ↗

Know the rule

If you're found guilty of any alcohol or drug violation, the court must suspend or revoke your license at sentencing. Even if the court allows you to keep driving for 20 days, your license is taken immediately.

Handbook p. 55 ↗

Know the rule

BAC standards and penalties for commercial drivers are even tougher; see Section 1 of the Commercial Driver's Manual (CDL-10).

Handbook p. 55 ↗

Put it into practice

An officer stops you for weaving, and you refuse to blow into a breath tester at the roadside. You can still be convicted of DWI on the officer's testimony about your driving and behavior. A chemical test isn't required.

Check your understanding

Read the question, decide on an answer, then open it to check the explanation. These are Roadwise study questions based on the source handbook.

At what BAC are you considered legally intoxicated (DWI) in New York?
  1. .08 percent or higher
  2. .05 percent or higher
  3. .02 percent or higher
  4. .10 percent or higher

Answer: .08 percent or higher

A BAC of .08 percent or higher is evidence of intoxication (DWI).

Handbook p. 55 ↗
At what BAC is a driver considered legally impaired (DWAI)?
  1. More than .02 percent
  2. More than .05 percent
  3. More than .10 percent
  4. More than .12 percent

Answer: More than .05 percent

A BAC of more than .05 percent is legal evidence that you are impaired.

Handbook p. 55 ↗
At what BAC does a violation become Aggravated DWI?
  1. .10 percent or more
  2. .08 percent or more
  3. .18 percent or more
  4. .15 percent or more

Answer: .18 percent or more

A BAC of .18 percent or more is evidence of Aggravated Driving While Intoxicated.

Handbook p. 55 ↗
Is a chemical test required to convict someone of DWI?
  1. Yes, a chemical test is always legally required
  2. Yes, unless the driver confesses
  3. No, but only if two officers witness the stop
  4. No, officer testimony can suffice

Answer: No, officer testimony can suffice

The testimony of a police officer about your driving, appearance, and behavior can convict you even without a chemical test.

Handbook p. 55 ↗
Drivers under 21 are about 4% of all drivers. About what share of impaired drivers in fatal crashes are they?
  1. About 2 percent
  2. About 4 percent
  3. About 7 percent
  4. About 25 percent

Answer: About 7 percent

Drivers under 21 are about 4 percent of the driving population but about 7 percent of impaired drivers in fatal crashes.

Handbook p. 54 ↗
An adult driver's BAC is .06 percent. Which offense does that BAC level match?
  1. DWAI
  2. DWI
  3. Aggravated DWI
  4. No offense for adults

Answer: DWAI

A BAC of more than .05 percent is evidence of impairment (DWAI); intoxication (DWI) begins at .08 percent.

Handbook p. 55 ↗
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