In New York, what generally determines the severity of DWI penalties?

The severity of DWI penalties in New York primarily hinges on the driver's blood alcohol concentration (BAC). BAC is a critical measure because it directly correlates with the level of impairment experienced by a driver. New York law stipulates specific penalties based on different BAC thresholds—0.08% being the legal limit for most drivers. Exceeding this limit can lead to heightened charges, and the consequences can intensify further at BAC levels of 0.18% and above, which classifies as aggravated DWI, leading to more severe penalties including longer license suspensions and harsher fines.

The other factors mentioned, such as the driver's age, type of vehicle, and time of day, may influence circumstances around the DWI but do not directly dictate the severity of legal penalties in the same way that BAC levels do. For instance, while drivers under 21 may face stricter laws regarding alcohol consumption (notably zero tolerance laws), the fundamental basis for penalties remains centered on BAC.