What statute defines DWI in New York?

N.Y. Veh. & Traf. Law § 1192 is the controlling DWI statute in New York. You can read the current text on the official code site at nysenate.gov.

What is the New York implied-consent law?

N.Y. Veh. & Traf. Law § 1194 is the implied-consent provision. It sets out the consequences of refusing a chemical test after a lawful DWI arrest.

New York DUI Statutes: The Code Sections That Control Your Case

The statutes that control New York DWI cases

DWI in New York is defined by N.Y. Veh. & Traf. Law § 1192, and the chemical-testing rules sit in N.Y. Veh. & Traf. Law § 1194. Both are published in the official state code at nysenate.gov, which is the only version that governs — summaries elsewhere, including ours, can lag amendments.

New York official code — DWI statute

Statutory text, definitions, BAC thresholds and sentencing ranges.

Implied-consent provision

What refusing a breath, blood or urine test costs you.

Statute at a glance

New York DWI law at a glance

Sourced from the New York code and state agency sites. Verify current text before relying on it.

Offense name: DWI (New York)
Controlling statute: N.Y. Veh. & Traf. Law § 1192
Implied consent: N.Y. Veh. & Traf. Law § 1194
Per se BAC limit: 0.08 (0.04 CDL, 0.02 or lower under 21)
Prior-offense lookback: 10 years
First-offense fine: $500–$1,000
First-offense jail exposure: up to 1 year
Licence suspension: 6 months
Ignition interlock: Required on a first offense in most cases
Trial court: the Local criminal court
High-risk filing: SR-22 for 3 years

A first offense carries a fine, possible jail, and mandatory interlock.

First-offense exposure under N.Y. Veh. & Traf. Law § 1192: $500–$1,000, up to 1 year of jail exposure, and a 6 months licence suspension. A first offense carries a fine, possible jail, and mandatory interlock.

What N.Y. Veh. & Traf. Law § 1192 actually says

VTL 1192(1) — operating a motor vehicle while ability is impaired by the consumption of alcohol.
VTL 1192(2) — operating with 0.08 of one per centum or more by weight of alcohol in the blood.
VTL 1192(3) — operating a motor vehicle while in an intoxicated condition.
VTL 1192(2-a) — aggravated DWI at a blood alcohol content of .18 or more.

Charging documents cite the exact subsection, so check which one appears on your citation. The posted text on nysenate.gov carries an effective date — amendments passed after it are not yet reflected.

Other New York sections that control the case

N.Y. Veh. & Traf. Law § 1192

Operating while intoxicated or impaired.

N.Y. Veh. & Traf. Law § 1194

Implied consent and chemical test refusal procedure.

New York ZIP codes covered

These New York ZIP-code pages carry the local court, filing and licensing detail for the area, and each one links back to this resource page.

Browse all New York ZIP codes.

Counties and cities using these New York resources

Other New York official resources

New York DUI Courts: Where Your Case Is Heard New York Driver Licensing After a DUI: Hearings, Reinstatement & SR-22

Frequently asked questions

What statute defines DWI in New York?: N.Y. Veh. & Traf. Law § 1192 is the controlling DWI statute in New York. You can read the current text on the official code site at nysenate.gov.
What is the New York implied-consent law?: N.Y. Veh. & Traf. Law § 1194 is the implied-consent provision. It sets out the consequences of refusing a chemical test after a lawful DWI arrest.