ECA Study Guide — Exam Prep

Blood Alcohol Content (BAC) Thresholds

Blood alcohol content (BAC) is the percentage of alcohol in your blood, normally measured by a chemical test of breath, blood, urine, or saliva.

More than .05%: legal evidence you are impaired.

.08% or higher: evidence of intoxication (DWI).

.18% or higher: evidence of Aggravated DWI (Agg-DWI).

A BAC of .02% can occur from just ONE drink.

A standard drink (1.5 oz liquor, 5 oz wine, 12 oz beer, or 12 oz wine cooler) all contain about the same amount of alcohol and raise a 150-lb male's BAC by about .02%. It takes the body about one hour to remove that much alcohol. Eating, coffee, exercise, and cold showers do NOT reduce BAC — only time does.

Zero Tolerance Law (Drivers Under 21)

The legal purchase/possession age for alcohol in NY is 21. Under the Zero Tolerance Law, it is a violation for a driver under 21 to drive with ANY measurable BAC (.02 to .07). A finding of violation (at a DMV hearing) results in a six-month license suspension, plus a $100 suspension termination fee and a $125 civil penalty to be re-licensed. A second Zero Tolerance violation results in revocation for at least one year or until the driver turns 21, whichever is longer.

Chemical Tests & Implied Consent

Under New York's "Implied Consent" law, driving in the state means you've already consented to a chemical test if arrested for an alcohol/drug-related violation. Refusing the test is a SEPARATE issue from guilt on the underlying charge.

Chemical test refusal, driver over 21, first time: minimum 1-year revocation.

Chemical test refusal, driver over 21, within 5 years of a prior refusal or alcohol/drug conviction: minimum 18-month revocation.

Chemical test refusal, driver under 21, first time: minimum 1-year revocation.

Chemical test refusal, driver under 21, second time: minimum revocation until age 21 or 1 year, whichever is longer.

Zero Tolerance test refusal: minimum 1-year revocation.

Your refusal can also be brought up in court when tried on the underlying alcohol/drug charge.

Penalties for Alcohol/Drug Related Violations

These are the core conviction penalty tiers (fines listed are the conviction fine only, not including mandatory surcharges).

Aggravated DWI (Agg-DWI, .18+ BAC) — 1st offense (misdemeanor): $1,000–$2,500 fine, up to 1 year jail, minimum 1-year revocation. 2nd offense within 10 years (felony): $1,000–$5,000 fine, up to 4 years jail, minimum 18-month revocation.

DWI (.08+ BAC) or DWAI-Drug — 1st offense (misdemeanor): $500–$1,000 fine, up to 1 year jail, minimum 6-month revocation (DWI) or 6-month suspension (DWAI-Drug). 2nd offense within 10 years (felony): $1,000–$5,000 fine, up to 4 years jail, minimum 1-year revocation.

DWAI-Combination (alcohol + drugs) — 1st offense (misdemeanor): $500–$1,000 fine, up to 1 year jail, minimum 6-month revocation. 2nd offense within 10 years (felony): $1,000–$5,000 fine, up to 4 years jail, minimum 1-year revocation.

DWAI (more than .05 up to .07 BAC) — 1st offense (traffic infraction): $300–$500 fine, up to 15 days jail, 90-day suspension. 2nd offense within 5 years: $500–$750 fine, up to 30 days jail, minimum 6-month revocation. 3rd offense within 10 years (misdemeanor): $750–$1,500 fine, up to 180 days jail, minimum 6-month revocation.

Leandra's Law & the Ignition Interlock Program

Courts must order anyone convicted of DWI or Agg-DWI (or a related penal law offense) to install and maintain an ignition interlock device for at least 12 months. Driving with a child under 16 in the vehicle while committing an alcohol-related offense is a class E felony punishable by up to four years in prison — this is known as "Leandra's Law."

Open Container & Marijuana Law

It is a traffic infraction for a driver OR passenger to drink an alcoholic beverage or possess an open container of one in a vehicle on a public road. It is also a traffic infraction to consume marijuana/cannabis in a vehicle on a public road. First conviction: fine up to $150, a mandatory surcharge, a crime victim assistance fee, and possible imprisonment up to 15 days.

Other Consequences

If you kill or injure someone due to an alcohol/drug-related violation, you can be convicted of criminally negligent homicide, aggravated vehicular homicide, vehicular manslaughter, or vehicular assault — carrying fines of thousands of dollars and up to 25 years in prison. Using a driver license to illegally purchase alcohol results in suspension of your license or privilege to apply for one.