Driver's License Test Prep
North Carolina Practice DUI & Impaired Driving

According to the manual, driving while impaired can be proven in which of the following ways?

  1. A.
    By appreciable physical or mental impairment, or by BAC at or above the legal limit Correct
  2. B.
    Only by a chemical test result at or above the legal limit
  3. C.
    Only by evidence that the driver appeared physically impaired
  4. D.
    Only after the driver admits to drinking
The Why

The answer is "By appreciable physical or mental impairment, or by BAC at or above the legal limit"

The manual states DWI can be proven by appreciable physical or mental impairment from alcohol or drugs, or by a BAC of 0.08 percent or more (0.04 for a commercial motor vehicle). Choice B is the trap for drivers who fixate on the BAC number because that is the figure repeated most often in public-service messaging and forget that the impairment path stands on its own.

Why the others miss

The traps in the wrong answers

B. Only by a chemical test result at or above the legal limit

A test result is one path, but the manual also allows proof by appreciable impairment. Fixates on the BAC number because that is the figure repeated most often in public-service messaging about drunk driving. This answer reduces the two-path rule to the BAC number and ignores the appreciable-impairment path printed beside it.

C. Only by evidence that the driver appeared physically impaired

Appreciable impairment alone is one path, but the manual also allows a BAC-based proof. Treats field-sobriety observations as the whole case because that is what drivers see at a traffic stop before any lab result comes back. This answer treats field-sobriety observations as the only route and forgets the chemical-test route printed beside it.

D. Only after the driver admits to drinking

An admission is not required for DWI to be proven. Confuses TV-drama confession scenes with the actual evidentiary rule, which never asks the driver to agree they were impaired. This answer confuses evidentiary sufficiency with a confession requirement that the statute does not impose.

The Rule

This question tests your knowledge of DUI & Impaired Driving in North Carolina. Source: North Carolina Driver Handbook, "Chapter 2 - Alcohol and the Law: Driving While Impaired," p.31..

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