US-New York

What is the legal blood alcohol limit in New York?

0.08%

Standard driver limit

0.04%

Commercial driver limit

0.02%

Under-21 limit

0.18%

Aggravated DWI threshold

The Short Answer

In New York, the legal blood alcohol concentration (BAC) limit is 0.08% for most drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21.

What the Law Says

New York law defines illegal blood alcohol concentration (BAC) levels based on driver type and circumstances. These limits trigger automatic penalties, including license suspension and criminal charges.

For drivers aged 21 and older operating non-commercial vehicles, it is illegal to drive with a BAC of 0.08% or higher. This is the standard 'DWI' (Driving While Intoxicated) threshold.

Commercial drivers — those operating vehicles requiring a CDL — face a stricter limit of 0.04% BAC while driving.

Drivers under age 21 are subject to New York’s zero-tolerance law: any BAC of 0.02% or more — but less than 0.08% — results in license suspension.

A BAC of 0.18% or higher constitutes 'Aggravated DWI', carrying enhanced penalties including longer jail time and higher fines.

Upon arrest for DWI or related offenses, a driver’s license is automatically suspended after 24 hours, even before conviction, under New York’s implied consent law.

Statutory Text
A person is guilty of driving while intoxicated when such person operates a motor vehicle while having a blood alcohol concentration of .08 of one per centum or more by weight of alcohol in such person's blood.
— Vehicle and Traffic Law § 1192(2) — Driving while intoxicated

Statutory Text
A person is guilty of aggravated driving while intoxicated when such person operates a motor vehicle while having a blood alcohol concentration of .18 of one per centum or more by weight of alcohol in such person's blood.
— Vehicle and Traffic Law § 1192(2-a) — Aggravated driving while intoxicated

Statutory Text
A person under the age of twenty-one is guilty of driving after having consumed alcohol when such person operates a motor vehicle while having a blood alcohol concentration of .02 of one per centum or more but less than .08 of one per centum by weight of alcohol in such person's blood.
— Vehicle and Traffic Law § 1192-a(1)(a) — Driving after having consumed alcohol (under 21)

Statutory Text
A person is guilty of driving while intoxicated when such person operates a commercial motor vehicle while having a blood alcohol concentration of .04 of one per centum or more by weight of alcohol in such person's blood.
— Vehicle and Traffic Law § 1192(2)(b) — Commercial vehicle DWI

Sources

statuteVehicle and Traffic Law § 1192(2) — Driving while intoxicated statuteVehicle and Traffic Law § 1192(2-a) — Aggravated driving while intoxicated statuteVehicle and Traffic Law § 1192-a(1)(a) — Driving after having consumed alcohol (under 21)statuteVehicle and Traffic Law § 1192(2)(b) — Commercial vehicle DWI

Same Question, Other Jurisdictions

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.