New York DMV Permit Written TestAlcohol and Drug LawsHard

A New York State driver is charged with Driving While Ability Impaired by Alcohol (DWAI/Alcohol) with a BAC of 0.06%. If this is their first offense, what is the maximum jail sentence they could face?

  1. A30 days
  2. B15 days
  3. C6 months
  4. D90 days
Show answer & explanation

Correct answer: B. 15 days

For a first-time DWAI/Alcohol conviction in New York State, the maximum jail sentence is 15 days. This is a lesser offense than DWI, which carries a maximum of 1 year for a first offense.

Why the other options are wrong

  • A. This is incorrect; 30 days is too high for a first-time DWAI/Alcohol conviction.
  • C. This is incorrect; 6 months is too high for a first-time DWAI/Alcohol conviction, and is typically associated with repeat offenses or more severe charges.
  • D. This is incorrect; 90 days is too high for a first-time DWAI/Alcohol conviction.

First DWAI/Alcohol Penalties (NY)

A first-time conviction for Driving While Ability Impaired by Alcohol (DWAI/Alcohol) in New York carries penalties including fines, a maximum of 15 days in jail, and license suspension.

  • BAC between 0.05% and 0.07%.
  • Fines from $300 to $500.
  • Maximum 15 days jail time.
  • License suspension for 90 days.

Memory trick: DWAI's first taste, 15 days in haste, license suspended, no time to waste.

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