Under VTL 1192, a BAC of 0.08% or more prohibits operating a motor vehicle.

Under VTL 1192, a BAC of 0.08% or more prohibits operating a motor vehicle.

• A. 0.10
• B. 0.08
• C. 0.04
• D. 0.02

Answer: (B)

The key idea is that NY’s Vehicle and Traffic Law sets a per se limit for driving while intoxicated: a BAC of 0.08% or higher is illegal to operate a motor vehicle. This means once you reach 0.08, you are prohibited, and any higher level (like 0.10) would also be prohibited. The other numbers do not define the general threshold for all drivers—0.04 relates to some commercial-vehicle rules, and 0.02 is tied to under-21 or other special provisions. So 0.08% is the correct threshold that starts the prohibition.

The key idea is that NY’s Vehicle and Traffic Law sets a per se limit for driving while intoxicated: a BAC of 0.08% or higher is illegal to operate a motor vehicle. This means once you reach 0.08, you are prohibited, and any higher level (like 0.10) would also be prohibited. The other numbers do not define the general threshold for all drivers—0.04 relates to some commercial-vehicle rules, and 0.02 is tied to under-21 or other special provisions. So 0.08% is the correct threshold that starts the prohibition.