New York is known for the having the toughest criminal DUI laws in the country. In addition to penalizing drivers with a Blood Alcohol Content above .08%, New York also penalizes drivers with a Blood Alcohol Content above .05%. The offense of driving with a BAC of .08% or above is known as a DWI (Driving While Intoxicated) in New York and driving with a BAC between .05% and .07% is a DWAI (Driving While Ability Impaired). New York also classifies the offense of driving with a BAC of .17% or above as an Aggravated DWI.
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