BAC over .05: evidence of impairment (DWAI)
A free practice question for the New York permit test, with the answer explained.
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What BAC is legal evidence that your driving is impaired (DWAI)?
The rule
A BAC above .05 is legal evidence that your driving ability is impaired (DWAI).
A BAC over .05 is legal evidence of impairment (DWAI). At .08 or more it's evidence of DWI, and at .18 or more, Aggravated DWI.
From the New York State Driver's Manual, page 55. This question is our own wording of that rule. The handbook and the DMV have the final word.
Often mixed up with
People confuse these rules with this one. Each has its own practice question.
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