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In New York State, you are considered legally impaired if your blood alcohol content (BAC) is above


New York State law considers you legally impaired if your BAC is above 0.05% and legally intoxicated if your BAC is 0.08% or above. In New York State, unlike some other states, it is against the law to drive if you are legally impaired even if you aren't legally intoxicated. If you are found to be driving with a BAC of 0.18% or above, you can be charged with aggravated driving while intoxicated (aggravated DWI), for which the penalties will be more severe if you're convicted.