Which offense is typically charged when impairment exists but BAC below 0.08?

Which offense is typically charged when impairment exists but BAC below 0.08?

• A. DWAI Drugs (Misdemeanor)
• B. DWI (Misdemeanor)
• C. DWAI
• D. Refusal of breath screening device

Answer: (C)

In New York, the line between DWI and DWAI is drawn by how much alcohol is in the blood and whether you’re actually impaired. If you’re impaired but your BAC is below 0.08, the charge is DWAI (driving while ability impaired). This captures the idea that you’re not over the legal limit, yet your driving ability is meaningfully impaired. The option involving drugs applies when impairment is due to drugs, which is a different category, and DWI is reserved for a BAC at or above 0.08. Refusal of a breath test is a separate offense altogether. So when impairment exists with a BAC under 0.08, DWAI is the correct charge.

In New York, the line between DWI and DWAI is drawn by how much alcohol is in the blood and whether you’re actually impaired. If you’re impaired but your BAC is below 0.08, the charge is DWAI (driving while ability impaired). This captures the idea that you’re not over the legal limit, yet your driving ability is meaningfully impaired. The option involving drugs applies when impairment is due to drugs, which is a different category, and DWI is reserved for a BAC at or above 0.08. Refusal of a breath test is a separate offense altogether. So when impairment exists with a BAC under 0.08, DWAI is the correct charge.