Since When Is Driving Sober A Felony?

A Glens Falls Man, Scott B. Singletary, was charged with felony DWI with a blood-alcohol content of 0.07 percent, below the 0.08 threshold for driving while intoxicated. A crack pipe was also found in his car and he was charged with driving under the influence of drugs and alcohol.

Now I may not be a lawyer, but I don't believe you can charge someone with a felony driving while intoxicated charge, when a person has a BAC of .07 percent, because well the person has to be intoxicated first, right? DUI yes, but felony DWI, I think not. The Glens Falls police do it again!