Alcohol Impairment
The common law legal definition of "impairment" in the State of New York is that a driver is deemed impaired when the voluntary consumption of alcohol has "actually impaired, to any extent, the physical and mental abilities which he is expected to possess in order to operate a vehicle as a reasonable and prudent driver" (People v. Cruz, 48 N.Y.2d. 419 (1979). Keep in mind that the above definition applies to what is the common law definition of DWAI (Driving While Ability Impaired), and you can also be prosecuted for DWAI per se as well (between 05 and .07 BAC). Again, The same rules apply with respect to drugs whether they be illegal drugs, or prescription drugs
Zero Tolerance
New York also has a zero tolerance law for drunk driving among younger motorists. Drivers who are under 21 and have a BAC of .02 or higher, or exhibit signs of common law DWI or DWAI are in violation.
