Types of Drunk Driving Offenses

In New York State, each Driving While Intoxicated (“DWI”) offense is defined under Section 1192 of the Vehicle and Traffic Law (“VTL”). For a summary of DWI sentencing provisions, click here. As of August 15, 2010, the statutory definition of each DWI offense is as follows:

Driving While Ability Impaired (“DWAI”) 

Driving While Ability Impaired (“DWAI”), VTL § 1192(1): “No person shall operate a motor vehicle while the person’s ability to operate such motor vehicle is impaired by the consumption of alcohol.”


Driving While Intoxicated ("DWI")

Driving While Intoxicated, Per Se (“DWI, Per Se”); VTL § 1192(2): “No person shall operate a motor vehicle while such person has .08 of one per centum or more by weight of alcohol in the person’s blood as shown by chemical analysis of such person’s blood, breath, urine or saliva, made pursuant to the provisions of section eleven hundred ninety-four of this article.”


Aggravated DWI 

Aggravated Driving While Intoxicated, Per Se (“Aggravated DWI, Per Se”); VTL § 1192(2-a)(a): “No person shall operate a motor vehicle while such person has.18 of one per centum or more by weight of alcohol in such person’s blood as shown by chemical analysis of such person’s blood, breath, urine or saliva made pursuant to the provisions of eleven hundred ninety-four of this article.”


Aggravated DWI, With a Child

Aggravated Driving While Intoxicated, With a Child (“Aggravated DWI, With a Child”); VTL § 1192(2-a)(b): “No person shall operate a motor vehicle in violation of subdivision two, three, four or four-a of this section while a child who is fifteen years of age or less is a passenger in such motor vehicle.”


Common-Law DWI

Driving While Intoxicated (“Common-Law DWI”)VTL § 1192(3): “No person shall operate a motor vehicle while in an intoxicated condition.”


DWAI, Drugs

Driving While Ability Impaired by Drugs VTL § 1192(4): “No person shall operate a motor vehicle while the person’s ability to operate such a motor vehicle is impaired by the use of a drug as defined in this chapter.”


DWAI, Combined Influence

Driving While Ability Impaired by the Combined Influence of Drugs or of Alcohol and Any Drug or Drugs (“DWAI, Combined Influence”); VTL § 1192(4-a): “No person shall operate a motor vehicle while the person’s ability to operate such motor vehicle is impaired by the combined influence of drugs or of alcohol and any drug or drugs.”


Commercial Motor Vehicles, Level I

Commercial Motor Vehicles, Per Se – Level I, VTL § 1192(5): “Notwithstanding the provisions of section eleven hundred ninety-five of this article, no person shall operate a commercial motor vehicle while such person has.04 of one per centum or more but not more than .06 of one per centum by weight of alcohol in the person’s blood as shown by chemical analysis of such person’s blood, breath, urine or saliva, made pursuant to the provisions of section eleven hundred ninety-four of this article; provided, however, nothing contained in this subdivision shall prohibit the imposition of a charge of a violation of subdivision one of this section, or of section eleven hundred ninety-two-a of this article where a person under the age of twenty-one operates a commercial motor vehicle where a chemical analysis of such person’s blood, breath, urine, or saliva, made pursuant to the provisions of section eleven hundred ninety-four of this article, indicates that such operator has .02 of one per centum or more but less than .04 of one per centum by weight of alcohol in such operator’s blood.”


Commercial Motor Vehicles, Level II

Commercial Motor Vehicles, Per Se – Level II, VTL § 1192(6). “Notwithstanding the provisions of section eleven hundred ninety-five of this article, no person shall operate a commercial motor vehicle while such person has more than .06 of one per centum but less than .08 of one per centum by weight of alcohol in the person’s blood as shown by chemical analysis of such person’s blood, breath, urine or saliva, made pursuant to the provisions of section eleven hundred ninety-four of this article; provided, however, nothing contained in this subdivision shall prohibit the imposition of a charge of a violation of subdivision one of this section.”