New York DMV Permit Written TestAlcohol and Drug LawsMedium
A driver is stopped for erratic driving and displays clear signs of impairment. The officer suspects drug use, but the driver passes a breathalyzer test (BAC 0.00%). What type of charge might the driver still face in New York State?
- AOperating a Motor Vehicle while Impaired (OMVI).
- BDriving While Intoxicated (DWI).
- CDriving While Ability Impaired by Drugs (DWAI/Drugs).
- DDriving While Ability Impaired by Alcohol (DWAI/Alcohol).
Show answer & explanationAnswer & explanation
Correct answer: C. Driving While Ability Impaired by Drugs (DWAI/Drugs).
Even with a 0.00% BAC, a driver showing impairment from drugs (prescription, illegal, or over-the-counter) can be charged with Driving While Ability Impaired by Drugs (DWAI/Drugs) in New York State.
Why the other options are wrong
- A. OMVI is not a recognized charge in New York State; it's used in some other jurisdictions.
- B. DWI requires a BAC of 0.08% or higher, or significant impairment from drugs, but DWAI/Drugs is the specific charge for drug impairment.
- D. DWAI/Alcohol requires a BAC between 0.05% and 0.07%, which is not the case here.
DWAI/Drugs (NY)
Driving While Ability Impaired by Drugs (DWAI/Drugs) in New York State refers to operating a vehicle while impaired by any drug (illegal, prescription, or over-the-counter), even if no alcohol is present.
- Applies to any impairing drug.
- BAC can be 0.00%.
- Requires observable impairment.
- Penalties are similar to DWAI/Alcohol.
Memory trick: Drugs can drive you wrong, even when your breath is strong.