New York DMV Permit Written TestAlcohol and Drug LawsEasy
A motorist, age 22, is pulled over by law enforcement in New York State. A chemical test reveals a Blood Alcohol Content (BAC) of 0.06%. Under New York law, what offense is this motorist most likely to be charged with?
- ADriving While Intoxicated (DWI)
- BNo alcohol-related offense, as they are below the legal limit
- CDriving While Ability Impaired by Alcohol (DWAI/Alcohol)
- DAggravated Driving While Intoxicated (Agg-DWI)
Show answer & explanationAnswer & explanation
Correct answer: C. Driving While Ability Impaired by Alcohol (DWAI/Alcohol)
In New York State, a BAC between 0.05% and 0.07% for drivers aged 21 or older typically results in a charge of Driving While Ability Impaired by Alcohol (DWAI/Alcohol). DWI requires a BAC of 0.08% or higher, and Agg-DWI requires 0.18% or higher.
Why the other options are wrong
- A. DWI is for BAC of 0.08% or higher.
- B. While below the DWI limit, a BAC of 0.06% is above the DWAI/Alcohol threshold.
- D. Agg-DWI is for BAC of 0.18% or higher.
DWAI/Alcohol BAC (NY)
In New York State, Driving While Ability Impaired by Alcohol (DWAI/Alcohol) is typically charged when a driver aged 21 or older has a Blood Alcohol Content (BAC) between 0.05% and 0.07%.
- BAC 0.05% to 0.07% for 21+ drivers.
- Lesser offense than DWI.
- Still carries significant penalties.
Memory trick: BAC thresholds define the charge.