Alcohol and drugs
A chemical test shows that a driver has a BAC of .06 percent. Under New York law, what is that result legal evidence of?
- That the driver's ability is impaired (DWAI). Correct answer
- That the driver is intoxicated (DWI).
- Nothing, because the reading is below .08 percent.
Why
New York does not stop at the .08 line most people know. It uses three steps: above .05 percent is legal evidence of impairment, .08 or more is evidence of intoxication, and .18 or more is evidence of aggravated DWI. A reading of .06 sits in the first step, so it points to driving while ability impaired, the charge the penalty table describes as more than .05 up to .07. It is not DWI, which starts at .08, and it is not a free pass either: being under .08 still leaves you open to a DWAI charge. For New York the line to memorize is .05, because a reading above it is already evidence against you.
Where this comes from
New York State Driver's Manual (MV-21), April 2026 version. The correct answer is That the driver's ability is impaired (DWAI).
More on alcohol and drugs
- Starting at what blood alcohol content does New York treat a test result as evidence of aggravated driving while intoxicated (Agg-DWI)?
- A 150-pound man drinks one 12-ounce can of beer with 5% alcohol. By about how much does that one drink raise his BAC?
- You eat a full dinner before and during an evening of drinking. According to the New York manual, what does the food do?
- You are arrested on an alcohol-related driving charge and refuse to take the chemical test. When does your license get suspended for the refusal?