Your license is restored for the first time after a DWI suspension. The DWI was not in a commercial motor vehicle, you were 21 or older when the offense occurred, the conviction was not for driving after consuming alcohol or drugs while under 21, and it was not felony death by vehicle. What blood alcohol concentration restriction applies to your driving?
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A.
0.00
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B.
0.02
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C.
0.04 Correct
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D.
0.08
The answer is "0.04"
On a first restoration after a DWI, when none of the 0.00 triggers apply, the BAC restriction is 0.04. A second or subsequent restoration drops the limit to 0.00, and so do DWI in a commercial motor vehicle, driving after consuming alcohol or drugs while under 21, and felony death by vehicle, but the scenario rules each of those out. Drivers who pick 0.08 are reaching for the one BAC figure they already know by heart, the threshold for proving DWI, when the restored-license ceiling is deliberately set lower.
The traps in the wrong answers
A. 0.00
0.00 is the restriction on a second or subsequent restoration, and on a first restoration only when the DWI was in a commercial motor vehicle, the driver was under 21 driving after consuming alcohol or drugs, or the conviction was felony death by vehicle. The scenario excludes each of those, so the first-restoration default of 0.04 applies. This answer treats the 0.00 exception list as the rule the scenario falls under, when the scenario has ruled every exception out.
B. 0.02
The manual sets the first-restoration limit at 0.04, not 0.02. North Carolina never prints a 0.02 figure for restored licenses. This answer carries a 0.02 number over from another state's zero-tolerance youth rule, which North Carolina writes as 0.00 instead.
D. 0.08
0.08 is the BAC threshold for proving DWI based on alcohol concentration alone in a noncommercial vehicle, and DWI can also be proven by appreciable impairment below that level. The manual sets the first-restoration restriction tighter, at 0.04. This answer grabs the familiar 0.08 DWI threshold, the one BAC figure most drivers can name, and applies it to a restored license where the manual deliberately sets a lower ceiling.
This question tests your knowledge of DUI & Impaired Driving in North Carolina. Source: North Carolina Driver Handbook, "Blood Alcohol Concentration Restrictions," p.32..
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