New York DMV Permit Written TestAlcohol and Drug LawsEasy

A driver, age 25, is pulled over in New York State and registers a Blood Alcohol Content (BAC) of 0.06%. What offense have they committed?

  1. AAggravated Driving While Intoxicated (Agg-DWI)
  2. BDriving While Intoxicated (DWI)
  3. CNo offense, as their BAC is below the legal limit for DWI.
  4. DDriving While Ability Impaired by Alcohol (DWAI/Alcohol)
Show answer & explanation

Correct answer: D. Driving While Ability Impaired by Alcohol (DWAI/Alcohol)

In New York State, a BAC of 0.05% to 0.07% for drivers aged 21 or older constitutes Driving While Ability Impaired by Alcohol (DWAI/Alcohol). DWI requires a BAC of 0.08% or higher, and Agg-DWI is for BACs of 0.18% or higher.

Why the other options are wrong

  • A. Agg-DWI requires a BAC of 0.18% or higher.
  • B. DWI requires a BAC of 0.08% or higher.
  • C. While it's below the DWI limit, it is above the DWAI/Alcohol limit.

DWAI/Alcohol BAC (NY)

In New York State, for drivers aged 21 or older, a Blood Alcohol Content (BAC) ranging from 0.05% to 0.07% is considered Driving While Ability Impaired by Alcohol (DWAI/Alcohol).

  • BAC 0.05% to 0.07%
  • Applies to drivers 21 or older
  • Lesser offense than DWI

Memory trick: Zero for teens, Five for impaired, Eight for drunk, Eighteen for aggravated.

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