New York · Alcohol, Drugs & Impairment
What is the legal per se blood alcohol concentration (BAC) limit for a non-commercial New York driver age 21 or older?
- 0.05 percent
- 0.07 percent
- 0.08 percent
- 0.10 percent
Correct answer
0.08 percent
Why this is correct
A BAC of 0.08 percent or higher is the per se legal limit for a New York driver age 21 or older under Vehicle & Traffic Law §1192(2). A driver can still be arrested for DWI at a lower BAC if an officer observes impairment, or charged with DWAI (Driving While Ability Impaired) between 0.05 and 0.07. Aggravated DWI starts at 0.18.
New York Driver Handbook, p. 55