Driver's License Test Prep
New York Practice DUI & Impaired Driving

New York classifies driving with which blood alcohol content (BAC) as Aggravated Driving While Intoxicated (Agg-DWI)?

  1. A.
    0.10
  2. B.
    0.15
  3. C.
    0.08
  4. D.
    0.18 Correct
The Why

The answer is "0.18"

New York's penalty table sets Aggravated DWI at 0.18 BAC and higher, with a minimum one-year license revocation on a first offense. The pull toward C comes from treating the familiar 0.08 DWI limit as if it also covered the aggravated tier, collapsing New York's two separate BAC thresholds into one.

Why the others miss

The traps in the wrong answers

A. 0.10

0.10 does not appear as a threshold in New York's alcohol and drug penalty table. The aggravated tier begins at 0.18 and higher. This answer reaches for an older 0.10 DWI limit New York once used and carries that figure over as the aggravated cutoff.

B. 0.15

0.15 does not appear as a threshold in New York's penalty tiers. The aggravated tier starts at 0.18 BAC. This answer borrows the 0.15 'high BAC' enhanced-penalty threshold used in other state codes and applies it to New York's aggravated line.

C. 0.08

0.08 is New York's standard DWI threshold. The manual sets Aggravated DWI one tier higher, at 0.18 BAC and above. This answer treats the familiar 0.08 DWI limit as if it also covered the aggravated tier, collapsing New York's two separate BAC thresholds into one.

The Rule

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: Aggravated Driving While Intoxicated," p.58..

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