Back to New York
New York Class D Permit Practice Test
Full test preview Question 1 of 20
0 answered 20 remaining
Passing target: 70% (14/20)
Safe & Responsible DrivingStandalone practice
A driver is arrested after weaving between lanes, slurring his words and smelling of alcohol. The station's breath-test machine is out of service, so no chemical test is done. Which statement is correct?
Correct answer: The officer's account of his driving, looks and behavior can be enough to convict him
Why
Many people believe that no test means no case, but that is a myth. New York's DWI and DWAI offenses are defined by the driver's condition, so evidence such as weaving, slurred speech and the smell of alcohol can prove them. A chemical test adds strong evidence when it is done, but it is only one kind of proof. New York also strictly limits plea bargains when the charge involves alcohol or drugs.
Verified against New York State Driver's Manual · Alcohol, Other Drugs and the Law · p. 55
Report a question issueContinue learning
Related N.Y. questions
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?For an adult driving a car (not a commercial vehicle), at what BAC does a chemical test result alone show driving while intoxicated (DWI) in New York?In New York, aggravated driving while intoxicated (Agg-DWI) carries tougher penalties than a regular DWI. At what BAC does Agg-DWI begin?You have a job interview at 9:00 a.m. The drive takes 30 minutes when traffic is light. Which plan best keeps you from driving aggressively?Mark finished his fourth beer at 10 p.m. Since then he has had two cups of coffee and a cold shower. At 10:45 p.m. he says that he feels sober and is ready to drive. Which statement is correct?A breath test shows that a driver's BAC is 0.06 percent. What does that number describe?