New York Courts dot gov
New York StateUnified Court System


Driving While Intoxicated (DWI)

What is DWI?

Driving While Intoxicated (DWI) is a crime. DWI laws are strictly enforced in New York State. Penalties include loss of driving privileges, fines and possible jail time. Any amount of alcohol will affect your judgment and coordination and will reduce your ability to safely operate a vehicle.

The degree of impairment depends on five factors:
  1. The amount you drink
  2. Whether you've eaten before or while drinking
  3. Your body weight
  4. Length of time spent drinking
  5. Your gender

There is no quick way to "sober up", except to wait for your body to metabolize the alcohol. The average metabolism rate is about one drink per hour.

What are the alcohol and drug related violations in New York?

  • VTL 1192-1 DWAI
    Driving while ability impaired by alcohol.
  • VTL 1192-2 DWI
    Driving while intoxicated .08 BAC (blood alcohol concentration) or higher or other evidence of intoxication.
  • VTL 1192-3 DWI-REFUSAL
    Refusing to take a chemical test, such as a breathalyzer, for blood alcohol content shall result in license revocation and a civil penalty.
  • VTL 1192-4 DWAI/Drugs
    Driving while ability impaired by drugs other than alcohol.
  • VTL 1192-9 Zero Tolerance
    As of November 1, 1996, drivers under 21 who are found to be driving with any alcohol in their system (.02 to .07 BAC) may be charged with violating the Zero Tolerance Law.
    When a person is charged with V&T 1192-2 or 1192-3 and is alleged to have a BAC (blood alcohol content) of .08 or more at the time of arrest, their license is suspended pending prosecution. They may be entitled to a hardship license to allow them to drive to work, school or medical appointments.




City Court Home Page
7th Judicial District - Rochester Downtown

Court Calendar