Late One Saturday Night,Carol Exists a Club After an Evening

Multiple Choice

Late one Saturday night,Carol exists a club after an evening of drinking and dancing.She is observed by Phillip,a police officer,who is sitting in his patrol vehicle across the street.Phillip notices that Carol is having difficulty walking and,in fact,falls down once.When Carol reaches her car,she enters the vehicle,starts the engine,and begins to drive very slowly through the parking lot,running over some bushes in the process.Phillip notices that she has not turned on the vehicle's headlamps.Suspecting that Carol is intoxicated,Phillip drive his police car on to the parking lot,activates his lights and siren,and signals Carol to stop.Carol stops the vehicle before exiting the parking lot.Phillip approaches her car and notices that Carol's eyes are bloodshot and her speech is slurred.She also has difficulty recalling her address and telephone number when asked.She is arrested and taken to the police station where she registers a 0.07 BAC on a breath test.Which of the following statements is accurate about this situation?

A) Carol is not guilty of driving while intoxicated because her BAC is below the statutorily required level.
B) Carol is not guilty of driving while intoxicated because even though she may have been intoxicated,she was not operating her vehicle on a public roadway.
C) Carol is not guilty of driving while intoxicated because the facts fail to prove she was intoxicated at the time of the incident.
D) Carol has committed driving while intoxicated (DWI) .