DWI is a serious offense in the state of New York. If you are driving in an intoxicated state or with a blood alcohol concentration of 0.08% or more, you may be charged with a DWI. However, if you’re under the age of 21, a BAC of 0.02% can get you a DWI. Additionally, for commercial drivers, you may be charged with a DWI if you have a BAC of 0.04% or more. Even if you are not driving recklessly, you are still susceptible to a DWI if your BAC is over 0.08%.