New York State Vehicle And Traffic Law (VTL) Practice Test

An offense for more than .08 BAC (Misdemeanor) is which of the following?

DWI (Misdemeanor) DWAI DWAI Drugs Refusal of breath screening device

Correct Answer:

DWI (Misdemeanor)

Explanation:

When BAC is above 0.08%, the person is considered intoxicated while driving, and the offense is Driving While Intoxicated, a misdemeanor. This is the threshold that shifts the charge from a lesser impairment category to a DWI. DWAI refers to impairment with alcohol at lower BAC levels (below 0.08%), or impairment despite a lower BAC, and DWAI Drugs covers impairment caused by drugs. Refusal to take a breath test is a separate potential offense, not the BAC-based DWI category. So, for BAC over 0.08%, the best fit is DWI.

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