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New York Class D Permit Practice Test
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A 35-year-old driver is stopped, and a chemical test shows a BAC of 0.07 percent. Under New York law, which alcohol offense does this level point to?
Correct answer: Driving while ability impaired (DWAI), since the BAC is above 0.05
Why
Many drivers think they are legal as long as they stay under 0.08, but New York's lower offense, driving while ability impaired (DWAI), covers BAC levels above 0.05. A first DWAI conviction brings a fine of $300 to $500 and a 90-day license suspension. It also counts as a prior offense if the driver is caught again. The safe choice is not to drive at all after drinking.
Verified against New York State Driver's Manual · Alcohol, Other Drugs and the Law · p. 55, 58
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