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
Practice New York questions free
Your first full mock exam is free. No card required.
Start free practice