Alcohol and drugs
Starting at what blood alcohol content does New York treat a test result as evidence of aggravated driving while intoxicated (Agg-DWI)?
- .18 percent or more. Correct answer
- .08 percent or more.
- More than .05 percent.
Why
Aggravated DWI is the top step of New York's BAC scale and it begins at .18 percent. The two lower steps are real, but they name different offenses: more than .05 percent is evidence of impairment (DWAI) and .08 percent or more is evidence of intoxication (DWI). The difference matters because the penalties climb with each step. A first Agg-DWI conviction carries a fine of $1,000 to $2,500 and a revocation of at least one year, against $500 to $1,000 and at least six months for a first DWI. Keep the three numbers apart, .05, .08 and .18, and attach the aggravated charge only to the last of them.
Where this comes from
New York State Driver's Manual (MV-21), April 2026 version. The correct answer is .18 percent or more.
More on alcohol and drugs
- A 150-pound man drinks one 12-ounce can of beer with 5% alcohol. By about how much does that one drink raise his BAC?
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- After refusing a chemical test, a driver is found not guilty of the alcohol-related charge. A DMV hearing, however, confirms that the driver refused. What happens to the license?