New York DMV Permit Written TestAlcohol and Drug LawsMedium
A New York State driver aged 21 or older is pulled over and their Blood Alcohol Content (BAC) is measured at 0.07%. Under which specific charge would this driver most likely be prosecuted?
- AZero Tolerance Law Violation
- BDriving While Intoxicated (DWI)
- 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)
For drivers aged 21 or older in New York State, a Blood Alcohol Content (BAC) between 0.05% and 0.07% typically results in a charge of Driving While Ability Impaired by Alcohol (DWAI/Alcohol). DWI requires a BAC of 0.08% or higher.
Why the other options are wrong
- A. The Zero Tolerance Law applies only to drivers under 21.
- B. DWI is typically charged for a BAC of 0.08% or higher for drivers 21 or older.
- D. Agg-DWI requires a 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%.
- Lesser offense than DWI.
- BAC range 0.05% to 0.07%.
- Requires evidence of impairment, even if BAC is in range.
- Penalties include fines, license suspension, and DDP.
Memory trick: 0.05 to 0.07, DWAI's heaven; 0.08 and more, DWI's lore.