Final answer:
The criminal code fail level for impairment is when a person's BAC is at or above 0.08%, which is the legal limit for intoxication in many places.
Step-by-step explanation:
The criminal code fail level for impairment by alcohol is determined by measuring a person's blood alcohol concentration (BAC). In the context of this question, the correct answer is that the criminal code fail level for impairment occurs when a person's BAC is at or above 0.08%. This is considered the legal limit for intoxication in many jurisdictions. This limit reflects the level at which an individual is generally understood to be legally impaired and, therefore, unfit to perform tasks that require skills such as driving.