New York DWI and DWAI penalties: what the manual publishes, and what it does not.

What counts as what

New York names four offenses by blood alcohol content, and the word the police use depends on the number.

• Evidence of impairment (DWAI)

  More than .05 percent

  PDF page 55

• Evidence of intoxication (DWI)

  .08 percent or higher

  PDF page 55

• Aggravated DWI

  .18 percent or more

  PDF page 55

• Under 21, zero tolerance

  Any measurable BAC, which the manual gives as .02 to .07

  PDF page 57

Driving while ability impaired, more than .05 up to .07

A traffic infraction on a first offense. Every fine below is the conviction fine only and does not include the mandatory surcharge or the crime victims' assistance fee.

• First offense

  Minimum $300, maximum $500, up to 15 days in jail, and a 90 day suspension

  PDF page 58

• Second offense within 5 years

  Minimum $500, maximum $750, up to 30 days, and a minimum 6-month revocation

  PDF page 58

• Third offense within 10 years

  Minimum $750, maximum $1500, up to 180 days, and a minimum 6-month revocation

  PDF page 58

Driving while intoxicated, .08 and higher

• First offense, a misdemeanor

  Minimum $500, maximum $1000, up to 1 year in jail, and a minimum 6-month revocation

  PDF page 58

• Second offense within 10 years, a class E felony

  Minimum $1000, maximum $5000, up to 4 years, a minimum 1-year revocation, and for a DWI within the prior 5 years a minimum 5 days in jail or 30 days of community service

  PDF page 58

Aggravated DWI, .18 and higher

• First offense, a misdemeanor

  Minimum $1000, maximum $2500, up to 1 year in jail, and a minimum 1-Year Revocation

  PDF page 58

• Second offense within 10 years, a class E felony

  Minimum $1000, maximum $5000, up to 4 years, and a minimum 18-Month Revocation

  PDF page 58

And if you are under 21, the license action is different

The manual's penalty table ends with a line saying so, and it publishes the substitute in a different chapter.

• What the table's own last line says

  License actions for those under age 21 are different

  PDF page 58

• What the manual gives instead, for any of these convictions

  A minimum one-year revocation, and for a second violation while under age 21 a revocation for one year or until you reach age 21, whichever is longer

  PDF page 21

The ignition interlock, and the one word about cost any of these manuals gives

• How long

  At least 12 months on any vehicle you own or drive, ordered by the court

  PDF page 59

• Who pays

  The motorist. The manual says the device is purchased and installed at the expense of the motorist, and gives no figure

  PDF page 59

• When 12 months can be cut short

  A court may waive it if the device was installed for at least six months

  PDF page 59

Four more numbers a learner should know

• Under 21, a first zero tolerance finding

  A six month suspension, a $100 suspension termination fee and a $125 civil penalty

  PDF page 57

• An open container, first conviction

  A fine up to $150, a mandatory surcharge, a crime victim assistance fee and possible imprisonment of 15 days

  PDF page 57

• Driving impaired with a child under 16 in the car

  A class E felony, punishable by up to four years in prison, under Leandra's Law

  PDF page 59

• Driving while suspended or revoked

  A mandatory fine of $200 to $1000 and a mandatory jail term or probation, rising to a $5,000 maximum mandatory fine if you are impaired, and the vehicle can be seized

  PDF page 59

How alcohol reaches those numbers

New York publishes no blood alcohol table. It publishes one worked figure, for one body weight.

• For a 150-pound male

  Each standard drink raises his BAC by about .02 percent, and the body takes about one hour to remove that much

  PDF page 55

• What one drink means

  1-1/2 ounces of liquor, 5 ounces of wine, 12 ounces of beer, or 12 ounces of wine cooler

  PDF page 55