Long Island's Premier Criminal & DWI Defense Law Firm
New York BAC Estimator
This is for a test that already happened. If you are trying to decide whether you are safe to drive right now, close this page: no calculator can tell you that, and if you are asking, the answer is no. What this is for is the morning after, when the number the machine printed doesn’t match the night you remember.
What this is not. This is general information about New York law, not legal advice or a prediction. It can’t see your video, your paperwork or the breath instrument’s records, and those decide cases. Nothing you enter is sent anywhere; it stays in your browser.
How the estimate works
Model 1
Widmark formula
The classic forensic formula. It divides the alcohol consumed by body weight times a body-water factor, then subtracts what your body eliminated over time.
Model 2
Watson body water
A more accurate estimate of total body water using height, weight, age and sex. Enter height and age to use it.
Both are shown as ranges because people eliminate alcohol at different rates, roughly 0.010 to 0.020 per hour, and because body-water figures are averages. When the reading is well above what the math predicts, it can point to problems worth examining, such as mouth alcohol, the observation period, or the instrument’s calibration and maintenance.
BAC in New York: frequently asked questions
What is the legal limit in New York?
0.08 for DWI. A BAC of 0.05 to 0.07 can support a DWAI charge, 0.18 or higher is Aggravated DWI, and drivers under 21 face a Zero Tolerance hearing at 0.02.
Can a breath test be wrong?
Yes. Results can be affected by mouth alcohol, an improper observation period, a rising BAC, and calibration or maintenance problems with the instrument.
How many drinks put me over 0.08?
There is no reliable drink count. It depends on your weight, body composition, sex, how fast you drank, food, and how long ago you started.
Talk to a former DWI prosecutor
Call or text (516) 939-1529, 24/7. The first consultation is free, in person, by video call or by phone call.
These tools are not a lawyer. We work to keep the numbers and the law on these pages accurate and up to date, but laws, fines and DMV rules change, and some information here may be incorrect or out of date. The results are general information, not legal advice, and using these tools does not create an attorney-client relationship. Always contact a lawyer to confirm the answers and how the law applies to your case. Call or text (516) 939-1529, 24/7.
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Garden City Office
1225 Franklin Ave #325
Garden City, NY 11530
Phone: (516) 939-1529
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