BAC of 0.08% or Higher: Driving with a blood alcohol level over the state's maximum permissible blood alcohol limit. The legal limit for adults is either 0.08% or 0.10% depending on the State.
Driving under the Influence: Driving when drugs or alcohol impairs your physical abilities. In some cases, it makes no difference whether the drug is legal or illegal. If taking that drug impacts your senses of seeing, hearing, talking, walking and/or judging distances, you may be guilty of a drunk driving offense.
Felony DUI: Some DUI’s can be charged as a felony if there was property damage or personal injury as a result of the DUI, or if the DUI was a repeat offense.
What Is Driving under the Influence?
Driving under the influence means that a person cannot operate a motor vehicle while the person is under the influence of a drug or alcoholic beverage.
The prosecution must prove:
The individual drove a vehicle, AND
While driving or operating the motor vehicle, the individual was impaired by a alcoholic beverage or drug that affected the individual’s ability to drive safely.
Common Drunk Driving DUI/DWI Tests for Intoxication
After the police officer has pulled over an individual and the police officer suspects that the driver is under the influence of alcohol or drugs, the police officer may administer several tests called the field sobriety test at the scene
Breath Test - Breathalyzer
Field Sobriety Test
After the officer has administered the field sobriety tests and the officer still suspects that the driver is impaired and is under the influence, the officer may arrest the driver and take the driver down to the police station and administer other scientific tests such as a blood or urine test.
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