If you get caught driving in New York with a blood alcohol level of.08% or higher you will be charged with Driving While Intoxicated (DWI) also referred to as Driving Under of the Influence (DUI).
However, based upon your alcohol level and other factors you may be charged with other violations with more serious penalties. Below is a chart from the New York State DMV of the different alcohol and drug related penalties. If you get charged with DWI then you need to contact a traffic attorney immediately.