Any amount of drinking will begin to affect your judgment and coordination,, and reduce your ability to judge distances, speeds and angles. The degree of impairment depends on four basic factors:

1. The amount you drink.
2. Whether you’ve eaten before or while drinking (food slows absorption). 3. Your body weight.
4. The length of time spent drinking.

No one should consume alcohol and drive. Everyone’s safe driving ability deteriorates after drinking. Some people, especially young drivers, lose their driving skills even more quickly. This is why New York State law makes it illegal for any driver or passenger to possess an alcoholic beverage with intent to consume (commonly called the “open container” law).
It is also illegal to purchase an alcoholic beverage if you are under 21 years old.

Source: http://www.nydmv.state.ny.us/broch/c39.htm

What’s the difference between DUI, DWI, and DWAI in New York?

DWI stands for Driving While Intoxicated, which is either a specific numerical BAC result of 0.08 or higher (V&T Law Section 1192(2)), or a general notion that you’re intoxicated, proven by testimony and other evidence of the nature of your impairment (1192(3)).

DWAI stands for Driving While Ability Impaired (1192(1)), and is generally considered to be when the BAC result is higher than 0.05 but below 0.08, though it is actually not that simple. New York also added a new offense early in 1997, called Aggravated DWI, which is where the BAC is 0.18 or above.

DUI stands for Driving Under the Influence, and is a general term in the US for the subject. The term DUI is not commonly used in the legal system in New York State.

Under V&T Law 1193, first and second convictions for DWAI are violations - they are not crimes and you cannot get a criminal record for a violation. A third DWAI is a misdemeanor. A first DWI is a misdemeanor, while a second DWI is a felony.

http://www.redlichlaw.com/dwi/faq.html

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