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

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

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

Answer: (A)

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.

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.