What blood alcohol content (BAC) triggers a Driving While Intoxicated (DWI) charge in New York?
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A.
0.05
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B.
0.10
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C.
0.08 Correct
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D.
0.18
The answer is "0.08"
New York's DWI charge starts at 0.08 BAC and above. The tempting wrong answer is 0.18: that number is the Aggravated DWI threshold, printed in the very next row of the same penalty table, and drivers who skim the table pick up the bigger figure and label it 'intoxicated.'
The traps in the wrong answers
A. 0.05
0.05 sits at the low edge of DWAI (Driving While Ability Impaired), a lesser charge than DWI. DWAI runs from above 0.05 to 0.07, below the DWI threshold. This answer reads the DWAI floor as the intoxicated threshold instead of the impaired one.
B. 0.10
0.10 is above New York's DWI threshold, not the threshold itself; the charge starts at 0.08. This answer assumes the 'intoxicated' cutoff must be a larger, rounder number than the 0.08 New York actually sets.
D. 0.18
0.18 is the Aggravated DWI threshold, one row above regular DWI in the penalty table. This answer picks the biggest number in the penalty table on the assumption 'intoxicated' means the most severe tier.
This question tests your knowledge of DUI & Impaired Driving in New York. Source: New York State Driver's Manual, "Penalties for Alcohol/Drug Related Violations," p.58..
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