In New York State, the penalties for an alcohol or drug-related violation include the loss of driving privileges, fines, and a possible jail term. DWI Tom can help you.Call us 24 hours a day, 7 days a week at 800-394-1100 or fill out our form to receive a free and confidential initial consultation. Your arrest was the first formal step in the criminal DWI process. The Ultimate Guide to New York DWI Law was created to help people who were arrested for alcohol-related offenses in the New York Area. According to Article 31 Section 1192 of the New York State Code, a DWI is defined as driving under the influence with a BAC of 0.08 or higher. What should you do after you've been arrested for DWI? Talk to a criminal defense attorney to find out what your legal options are. If the driver consents to the breathalyzer and it shows a BAC level over 0.08, then they will be placed under arrest for DWI. If law enforcement does not have sufficient evidence, then they will not have probable cause to make an arrest.