What is legally considered as driving under the influence? 83 Answers as of July 02, 2013

What is legally considered as driving under the influence?

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
In Michigan, with the vary levels of offenses, if the prosecutor has the proofs and if a person has any level of alcohol in their system that impairs their ability to drive, there is no real "legal limit." A person could be charged with a less severe OUI, Operating While Impaired, even with as little as a single beer in their system, if the prosecutor can prove that the one beer impaired their ability to drive. If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public's expense. You have a right to counsel.
Answer Applies to: Michigan
Replied: 7/20/2012
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
There are technical details specified in the Vehicle and Traffic law (generally section 1192).
Answer Applies to: New York
Replied: 6/21/2012
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
In Massachusetts, the Commonwealth must prove three things (elements) to convict you of OUI. The three elements are: 1) Operation - You were the driver; 2) Public Way - That you were operating the motor vehicle on a public way (as opposed to private property); and 3) That you were either: a. Operating with a blood alcohol of .08% or greater; or b. That your ability to operate was impaired by the consumption of alcohol (or drugs). Unless they can prove all three of these elements beyond a reasonable doubt, you must be acquitted.
Answer Applies to: Massachusetts
Replied: 6/11/2012
Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
Being too drunk to drive or having a BAC reading over the legal limit
Answer Applies to: New York
Replied: 5/25/2012
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Two ways: Being at a .08 level or above or driving so under the influence that your ability to drive is substantially impaired.
Answer Applies to: California
Replied: 5/23/2012
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Driving under the influence of alcohol (0.08) or under the influence of drugs. What is legally considered as driving under the influence?
    Answer Applies to: Michigan
    Replied: 7/2/2013
    Law Office of Mark Bruce
    Law Office of Mark Bruce | Mark Corwin Bruce
    Two measures: First, if after drinking alcoholic beverages you cannot operate your motor vehicle with the care and caution of a normal, sober driver. This is subjective. Second, if after taking some kind of blood-alcohol measuring test, your blood alcohol limit is determined to be above .08 while you were driving.
    Answer Applies to: California
    Replied: 5/22/2012
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    If a person's ability to drive is "substantially affected" due to the use of alcohol, then there can be a conviction in Michigan. This is presumed where the BAC is .08 or greater. If a person's ability was "somewhat affected" due to the use of alcohol, then the person could be convicted of Impaired driving in Michigan. These measures are subjective and supported or unsupported by things like a breathalyzer, field sobriety tests, admissions, observations of a person's driving, smell of alcohol, bloodshot eyes, stumbling, or other observations. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 5/22/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    If you have consumed any alcohol to an extent that it may have an affect on you, you could be driving under the influence, regardless of the quantity. However, in most states, the law is that you may not drive if you are under the influence of alcohol to the extent that it impairs your ability to safely operate a motor vehicle on the public streets, or in the alternative, regardless of impairment, you are driving while you have a blood alcohol content of .08 or higher.
    Answer Applies to: Alabama
    Replied: 5/22/2012
    Law Office of Jared C. Winter
    Law Office of Jared C. Winter | Jared C. Winter
    There are two forms of DUI. The first form (VC 23152(a)) requires the prosecutor to prove, beyond a reasonable doubt, that the person drove and was so impaired by alcohol (or drugs) that they could not operate the vehicle with the same degree of care that a sober person could. The second form of DUI (VC 23152(b)) requires the prosecutor to prove that the person was driving with a BAC of 0.08 or greater. Both 23152(a) and (b) are DUI charges and carry the exact same consequences upon conviction.
    Answer Applies to: California
    Replied: 5/22/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    SEE: MCL 257.625(1). (A) You admit (confess) to drinking and driving; (B) You admit (confess) to using drugs and driving; (C) The cops have evidence of you driving and you FAIL the breathalzer and/or blood tests; (D) The prosecution shows that the defendant did in fact consume alcohol and/or drugs, and as a result, was substantially deprived of normal control or clarity of mind and was unable to drive normally. People v. Raisanen, 114 Mich App. 840, 844, 319 NW2d 693 (1982).
    Answer Applies to: Michigan
    Replied: 5/22/2012
    Michael S. Edwards, Attorney at Law, PLLC | Mike Edwards
    Under Utah law, it can be either: 1. Have a blood or breath alcohol of .08 or higher; 2. Be under the influence of alcohol or drugs, or a combination of the two, to the extent that you cannot safely operate your vehicle; or 3. Be driving with any illegal drug (or a metabolite thereof), or any legal drug you don't have a prescription for in your blood or other bodily fluids.
    Answer Applies to: Utah
    Replied: 5/22/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Driving under the influence in California is normally a violation of California Vehicle Code Section 23152. The parts that affect most drivers are parts a and b. To be convicted of part b a person has to have a blood, breath or urine test and the test has to come back at 0.08 or higher. To be convicted of part a person has to display symptoms and actions that a trained officer can describe that is the sign of being under the influence. 23152. (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. (b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
    Answer Applies to: California
    Replied: 5/22/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    If your driving is affected to an appreciable degree and that is attributed to having alcohol and/or drugs in your system.
    Answer Applies to: Washington
    Replied: 5/22/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    DUI in Texas is only for minors that consumed alcohol but are not intoxicated. DWI is for anyone who raises to the level of intoxicated.
    Answer Applies to: Texas
    Replied: 5/22/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    It is illegal to test with a blood alcohol level of .08 or more within two hours of driving a vehicle. It is also illegal to operate a motor vehicle while impaired by alcohol or a narcotic.
    Answer Applies to: Minnesota
    Replied: 5/22/2012
    Law Office of Gregory Crain | Gregory Crain
    Blowing .08 or more on a breathalyzer machine within 4 hours of driving.
    Answer Applies to: Arkansas
    Replied: 5/22/2012
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    Driving while intoxicated as defined by the Code of Virginia. At .08 the Defendant is presumptively considered intoxicated.
    Answer Applies to: Virginia
    Replied: 5/22/2012
    The Short Law Group, P.C.
    The Short Law Group, P.C. | Shawn Kollie
    Under Oregon Law, and individual can be arrested and charged with Driving Under the Influence when they are 'intoxicated to a noticeable degree' or have a BAC over .08. A DUI is a Class A Misdemeanor with a maximum of 1 year in custody and a $6,250 fine. A DUI also has mandatory minimums in fines and fees. Contact a DUI Lawyer about the facts of your case.
    Answer Applies to: Oregon
    Replied: 5/22/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Being under the influence is generally interpreted as consuming an intoxicant, be it drug or alcohol, which would render a reasonable person unable to operate his vehicle or other machinery in a safe fashion. Informally, if an individual is buzzed, or feeling high, he cannot operate his vehicle in the same manner as a person who has not consumed an intoxicant, such as alcohol, and even though he may feel he can and is operating the vehicle properly, it is clear that he is not.
    Answer Applies to: Illinois
    Replied: 5/22/2012
    Clos, Russell & Wirth, P.C. | Gary A. Russell
    In Michigan it is typically defined as operating a motor vehicle with a blood alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blodd, per 210 liters of breath, or 67 milliliters of urine. Although, a driver can be convicted of driving under the influence even without a breath, blood or urine test, if the prosecutor can demonstrate beyond a reasonable doubt that the driver's ability to operate a motor vehicle was sufficiently influenced by his consumption of alcohol.
    Answer Applies to: Michigan
    Replied: 5/22/2012
    Law office of Robert D. Scott | Robert Scott
    Operating a motor vehicle while under the influence of alcohol, drugs or a combination thereof, which appreciably impairs one's ability to operate that motor vehicle is legally sufficient to support a charge of Driving Under the Influence.
    Answer Applies to: Maryland
    Replied: 5/22/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    In Colorado, DUI is substantially unable to drive, mentally or physically DUI Per Se is that a chemical test shows your BAC over .08 (and test done within 2 hours of driving) DWAI is impaired to the slightest degree if BAC over .05, then the jury may infer that you are DWAI for those under 21, the min level is .02
    Answer Applies to: Colorado
    Replied: 5/22/2012
    Mesiti Law | Benjamin Mesiti
    In Rhode Island, the legal limit of your blood alcohol level is .08 percent. It does not take very much alcohol to get to this level, but it will vary depending on a person's body type and makeup. The DUI penalties increase at higher levels such as .15 percent. If your blood alcohol level is more than .15 percent, you face enhanced penalties, even for your first offense.
    Answer Applies to: Rhode Island
    Replied: 5/21/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    It would take hours to answer this question because of the many situations which can happen. Ultimately a judge or jury decides if the driver was influenced sufficiently by alcohol/drugs.
    Answer Applies to: Illinois
    Replied: 5/21/2012
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    Driving under the influence "per se" is when you have a Blood Alcohol Content or BAC of .08 or above. At trial you have to prove the scientific test you took was somehow flawed or incorrect. Driving under the Influence, ability impaired, is when you may not have a BAC of .08 or above, whether because you refused, or your BAC was not taken, and the State still wishes to prosecute you for DUI. It is presumed you are sober if you have a BAC of .04 or below. The govern,ent can still prosecute you, but they have to overcome this presumption. If you have a BAC of .05-.07, they just need to show the jury enough evidence to convince them that you were still incapable of safely driving a vehicle. If there is no BAC, the jury will be able to hear evidence that you refused the BAC test. Recently, legislation was enacted that allows for a warrant to forcefully take your blood from you without consent. The supreme court of Wyoming has found this to be good law.
    Answer Applies to: Wyoming
    Replied: 5/21/2012
    Hynum Law Office, LLC
    Hynum Law Office, LLC | G. Wayne Hynum
    In Mississippi a person operating a vehicle is "driving under the influence" if the driver is (a) is under the influence of intoxicating liquor; (b) is under the influence of any other substance which has impaired the person's ability to operate a motor vehicle; (c) has an alcohol concentration of .08% or more for persons over 21 years of age, or .02% for persons under 21 years of age; (d) is under the influence of any drug or controlled substance; (e) has an alcohol concentration of .04% or more in his/her blood.
    Answer Applies to: Mississippi
    Replied: 5/21/2012
    Law Office of Michael R. Garber
    Law Office of Michael R. Garber | Michael R. Garber
    If your blood alcohol concentration is .08% or more you are deemed under the influence and can be charged with DWI. If you're under 21 and your blood alcohol concentration is .02% or more you are deemed under the influence and can be charged with DWI. Regardless of your blood alcohol concentration you are under the influence when your ability to drive is impaired by alcohol or drugs, whether legal or illegal.
    Answer Applies to: Louisiana
    Replied: 5/21/2012
    William L. Welch, III Attorney | William L. Welch, III
    .08 or greater BAC or the presence of any drugs.
    Answer Applies to: Maryland
    Replied: 5/21/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Anything over a .02 BAC is considered DWAI and can be charged as a DWI. The legal limit for DWI is .08 in New York State but you can be charged with anything over .02 since it is the time you were driving that matters, not the time you were tested. The BAC could be going up or down the bell curve during the time from when you were stopped and the time you were tested and that is to be determined at trial by the judge or jury. If you are over .17 you will probably get convicted of DWI. If you blow under .16 on a first offense the judge will probably give you a break and convict on the violation of DWAI, but that can still be a huge problem with insurance, careers, and in many other ways.
    Answer Applies to: New York
    Replied: 5/21/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    A blood aloohol content of .08.
    Answer Applies to: Michigan
    Replied: 5/21/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    1) Driving or being in actual physical control of a vehicle, and 2) Being under the influence of alcohol/drugs. Normally over .079%.
    Answer Applies to: Nebraska
    Replied: 5/21/2012
    Larry K. Dunn & Associates | Larry K. Dunn
    The legal definition of "under the influence" is impaired to a degree which renders you incapable of safely operating a motor vehicle. If a person has a .08 or higher blood alcohol level at the time of driving or within two hours of driving, it is considered dui regardless as to whether they are impaired.
    Answer Applies to: Nevada
    Replied: 5/21/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    In NH, 0.08 blood alcohol content is the minimum level to be considered prima facie evidence that you are under the influence of intoxicating liquor - it is 0.02 for persons under the age of 21 years of age. However, absent a chemical test, the NH Supreme Court has determined that the prosecution only has to prove that you were under the influence to any degree during a trial for DWI/OUI/DUI.
    Answer Applies to: New Hampshire
    Replied: 5/21/2012
    Law Offices of Brian J. Lockwood
    Law Offices of Brian J. Lockwood | Brian J. Lockwoood
    Driving "under the influence" means operating a motor vehicle on public property or public roadways (or on private property open to public access) while EITHER: having an unlawful blood (or breath) alcohol concentration -OR- while substantially impaired to any meaningful degree by drugs, alcohol or both. This includes prescription medications and also includes low levels of alcohol which impair the driver due to a combination with medically necessary drugs.
    Answer Applies to: Alabama
    Replied: 5/21/2012
    Law Offices of Andrew D. Myers
    Law Offices of Andrew D. Myers | Andrew D. Myers
    In New Hampshire there are two "legal definitions" for drunk driving. A motor vehicle operator with a blood alcohol level of .08 or higher is considered operating drunk per se. A motor vehicle operator who drives in an impaired manner also is considered driving under the influence and a conviction can be sustained with observations as to the operation of the vehicle and the conduct of the operator. You've posed several different questions here. If you are serious about defending against such a charge, retain an experienced New Hampshire drunk driving defense attorney.
    Answer Applies to: New Hampshire
    Replied: 5/21/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    .08 alcohol as a percentage of blood for OWI but any amount of alcohol if it impairs your ability to drive.
    Answer Applies to: Michigan
    Replied: 5/21/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    Driving under the influence is vague and needs to be proven beyond a reasonable doubt. There are factors that can lead to that conclusion such as failing sobriety testing, driving conduct, alcohol testing, etc.
    Answer Applies to: Minnesota
    Replied: 5/21/2012
    Law Office of Robert Sisson | Robert Sisson
    If hour blood alcohol content is above .08 or if u have had three prior OWI'S, then ur blood level of alcohol in it only has to be above .02 to be considered too intoxicatedto drive.
    Answer Applies to: Wisconsin
    Replied: 5/21/2012
    Law Office of James J. Rosenberger | James Joseph Rosenberger
    In short, the condition whereby an individual's ability to operate a motor vehicle on a public roadway is affected to an appreciable degree as evidenced by field sobriety tests and/or the level of blood/breath alcohol as determined by a blood draw or a breathalyzer machine respectively. The legal limit in the State of Washington is .08.
    Answer Applies to: Washington
    Replied: 5/21/2012
    Glass Defense Firm
    Glass Defense Firm | Jason M. Glass
    You can be charged with a DUI one of two ways. First, you have a BAC over 0.08%. Or you are considered to be under the influence. This is shown through the testimony of the officer concerning his observations and field sobriety testing.
    Answer Applies to: West Virginia
    Replied: 5/21/2012
    Alvin Lundgren | Alvin Lundgren
    If you do not pass a blood alcohol test, or test positive for any substance that can impair driving, including medicines.
    Answer Applies to: Utah
    Replied: 5/21/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Being in control of a motor vehicle, while intoxicated. If you don't know what intoxicated is, ro what DUI is then you don't need to drink at all.
    Answer Applies to: Georgia
    Replied: 5/21/2012
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    There are two basic types of driving under the influence offenses. (There are many more enhancements and punishments depending on injuries and other factors) The first type of 'drunk driving' is driving while under the influence of drugs or alcohol to the point that you cannot use the reasonable amount of caution that an ordinary person would use. The second type of drunk driving is driving with a blood alcohol level of .08% or higher. (The 'legal limit' depends on a number of factors, in many cases any measurable amount of alcohol can be prohibited. ) The first type of drunk driving can be committed by someone who is under the influence of drugs or alcohol and there is no test that will provide a number that can be used to determine if a level has been exceeded. This type of drunk driving can be subjective, meaning that the officer can testify that he believes the driver was not driving with the reasonable caution of an ordinary person. The second type of drunk driving should be less subjective, either a person has a certain level of alcohol or they don't. A good defense attorney that has experience with defending drunk driving cases can beat both types of cases. Contact a criminal defense lawyer right away to discuss your options.
    Answer Applies to: California
    Replied: 5/21/2012
    Law Firm of Martin & Wallentine
    Law Firm of Martin & Wallentine | Jerry Lee Wallentine Jr.
    In Kansas, the bac limit is .08, which is quickly reached. This is much lower than the old .15 standard. However, even if you are under .08, you can still get a DUI if you are deemed incapable of safely operating a vehicle due to drugs or alcohol. Whether you are incapable is a factual question which could require a trial.
    Answer Applies to: Kansas
    Replied: 5/21/2012
    Robert Valles and Associates P.C.
    Robert Valles and Associates P.C. | Robert Valles Jr.
    If the State can prove intoxication.
    Answer Applies to: Texas
    Replied: 5/21/2012
    Attorney at Law
    Attorney at Law | Lance Daniel
    A person is under the influence if, as a result of drinking or consuming an alcoholic beverage and/or taking a drug, his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.
    Answer Applies to: California
    Replied: 5/21/2012
    Law Office of Brian K. Wanerman
    Law Office of Brian K. Wanerman | Brian K. Wanerman
    You can be convicted of driving under the influence if the prosecution can prove each of the following beyond a reasonable doubt: 1) You drove a motor vehicle 2) At the time of driving you were under the influence of an alcoholic beverage and/or other intoxicating substance 3) The effect of the alcoholic beverage/intoxicating substance impared your judgment to such a degree that you could not safely operate a motor vehicle. If your blood alcohol content (BAC) was .08% or higher, the law presumes that your judgment was impaired. Therefore, the prosecution doesn't have to prove it. In this case, instead of proving 3), above, the prosecution must only prove that your BAC was .08% or higher. As with the other elements above, he must prove this beyond a reasonable doubt.
    Answer Applies to: California
    Replied: 5/21/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Operating/driving a vehicle when your ability to do so is impaired as a result of ingesting alcohol or ANY drug , legal or not and including over the counter cold medication.
    Answer Applies to: California
    Replied: 5/21/2012
    Kans Law Firm, LLC
    Kans Law Firm, LLC | Douglas Kans
    Driving a motor vehicle while having a blood alcohol concentration of .08 or more is by statutory definition or is "per se" driving under the influence of alcohol. It is also deemed under the influence of alcohol if you are driving a motor vehicle after having consumed alcohol and the alcohol consumption affected or impaired your ability to drive the motor vehicle.
    Answer Applies to: Minnesota
    Replied: 5/21/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    A blood/alcohol level of .08 or above is considered as driving under the influence in Florida.
    Answer Applies to: Florida
    Replied: 5/21/2012
    Jason Overton, Attorney at Law
    Jason Overton, Attorney at Law | Jason Overton
    You might have a blood alcohol content greater than a certain amount. You may just be "impaired" as a result of alcohol, drugs, or medication. You don't even have to be driving, as long as you are in control of the vehicle.
    Answer Applies to: Alabama
    Replied: 5/21/2012
    Salberg Murdock
    Salberg Murdock | Jeffrey D. Salberg
    If your blood alcohol level is .08 or higher (.04 if a CDL and .05 if you have someone under the age of 18 in the car). Depending on how one performs field sobriety tests, could be charged with driving while impaired even if blood alcohol is less.
    Answer Applies to: Utah
    Replied: 5/21/2012
    Law Offices of John T Doyle
    Law Offices of John T Doyle | John T. Doyle, Esq.
    You can be intoxicated to a degree obviously without being legally intoxicated. You are considered legally intoxicated and be charged with DUI when you are above the alcotest limit of .08.
    Answer Applies to: New Jersey
    Replied: 5/21/2012
    Law Offices of Carl Spector
    Law Offices of Carl Spector | Carl Spector
    There is the scientific answer which states that if your blood alcohol content is a .08% or more. Then you can be deemed to be under the influence based upon the observations of the police officer.
    Answer Applies to: New York
    Replied: 5/21/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    In Georgia, you can be convicted if you are under the influence of ANY chemical substance, including a prescription or over the counter drug, to the extent it makes you "less safe" to drive. You can be convicted of DUI of alcohol even with a BAC reading lower than .08; the .08 threshhold just makes the state's case stronger.
    Answer Applies to: Georgia
    Replied: 5/21/2012
    Stephen D. Hebert, LLC | Stephen Hebert
    In Louisiana, anyone under the age of 21 is under the influence when their BAC is between .02 and .08. For anyone over the age of 21, you are under in the influence when your BAC is .08 or greater.
    Answer Applies to: Louisiana
    Replied: 5/21/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Usually it is having a BAC of 0.08% or more at the time of driving. However, other factors like "drugs" don't have a set BAc standard, so prosecutors rely on method of driving, performance on FSTs...etc. to prove that you are "impaired."
    Answer Applies to: California
    Replied: 5/21/2012
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    This is a complicated question. There are actually 2 DUI laws. The first says you cannot drive a vehicle with a blood alcohol of .08 or greater. It does not matter if you are under the influence robot. The second is that you are driving a vehicle while under the influence of alcohol (and/or drugs). There is a reputable presumption that you are under the influence if you have a blood alcohol of .08 or greater. That this means is that you are not able to operate your vehicle in a safe manner as would an ordinary sober person, that the alcohol (and/or drugs) have imparted your ability to drive a vehicle safely. This is proven by your performance on a series of field sobriety tests, any objective symptoms of alcohol (like alcohol on your breath), and any driving irregularities the officer may have observed. All of these issues are subject to dispute, which is why we have jury trials.
    Answer Applies to: California
    Replied: 5/21/2012
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    You have to have a breath alcohol content of .08 or more or be found to have your ability to drive appreciably affected by alcohol and/or drugs.
    Answer Applies to: Washington
    Replied: 5/21/2012
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Blood alc of .08 or higher.
    Answer Applies to: California
    Replied: 5/21/2012
    Law Office of J Edward Jones | J Edward Jones
    Driving under the influence means that you are intoxicated to the point that you cannot operate a motor vehicle with the same caution, care, and prudence as a sober person.
    Answer Applies to: Utah
    Replied: 5/21/2012
    The Cherry Law Firm, PC
    The Cherry Law Firm, PC | Diane Cherry
    A driver who is impaired due to alcohol consumption is DUI. If a person's blood alcohol content is over the .08 legal limit or they fail properly administered Standardized Field Sobriety Tests, they are considered DUI.
    Answer Applies to: Georgia
    Replied: 5/21/2012
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    Being in Actual physical control of a vehicle is the equivalent of driving under the influence. Another words if you are within a few feet of your car and you have the keys in your hand or pocket and the car is operable you are in actual physical control and theoretically can be charged with driving under the influence. We have had cases and won cases where this has happened.
    Answer Applies to: Florida
    Replied: 5/21/2012
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    Under Oregon law, intoxication means having a blood-alcohol content of at least .08% or being impaired to a noticeable or perceptible degree by alcohol or a controlled substance.
    Answer Applies to: Oregon
    Replied: 5/21/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Anything from sitting in a car with keys in the ignition (whether car is running or not) up to actually moving the car down the road, in Colorado.
    Answer Applies to: Colorado
    Replied: 5/21/2012
    Salladay Law Office | Lance Salladay
    The presumed level of intoxication is .08 blood alcohol content. However, a demonstrated inability to adequately control the vehicle, i.e. crossing the center line, swerving, driving erratically, driving too slow or too fast, all can be indicators of DUI. Also just being "in control" of a vehicle- i.e. being behind the wheel with keys in the ignition- even if the car is not running can be considered a DUI.
    Answer Applies to: Idaho
    Replied: 5/21/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    A "per Se" limit to establish impairment in Kansas is .08.
    Answer Applies to: Kansas
    Replied: 5/21/2012
    Benjamin D Gordon, Attorney at Law
    Benjamin D Gordon, Attorney at Law | Benjamin D Gordon
    Driving under the influence in Utah is operating or being in actual physical control of a motor vehicle (including sitting in a parked car with keys in the ignition and engine off) while either (1) having a blood or breath alcohol content of .08 or higher, or (2) being under the influence of a drug or alcohol to the point that you are incapable of safely operating the vehicle.
    Answer Applies to: Utah
    Replied: 5/21/2012
    Moriarty & Associates, PLLC | Patrick M. Moriarty
    In Washington, DUI is defined as driving a a motor vehicle with a BAC (breath alcohol concentration) of .08 within 2 hours of driving. It is also defined as driving a motor vehicle when a person's ability to drive is affected to an appreciable degree by the consumption of alcohol or drugs, or the combined influence of alcohol and drugs.
    Answer Applies to: Washington
    Replied: 5/21/2012
    Elmbrook Law Offices
    Elmbrook Law Offices | Gregory Straub
    If you are an adult and have a regular driver's license, if you are found to have a blood alcohol concentration greater than .08, you are considered to be driving under the influence.
    Answer Applies to: Wisconsin
    Replied: 5/21/2012
    Law Offices of Maxwell Charles Livingston
    Law Offices of Maxwell Charles Livingston | Maxwell C Livingston
    V C Section 23152 Driving Under Influence of Alcohol or Drugs Driving Under Influence of Alcohol or Drugs 23152. (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. (b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
    Answer Applies to: Wisconsin
    Replied: 5/21/2012
    Baner and Baner
    Baner and Baner | Jonathan Baner
    About 3,000 or so pages worth of things. Simply put, driving a motor vehicle while intoxicated or with a blood alcohol content above 0.08.
    Answer Applies to: Washington
    Replied: 5/21/2012
    Gregory C. Graf
    Gregory C. Graf | Gregory C. Graf
    In Colorado as in most states a BAC of .08 is considered a DUI. A refusal to take the test results in a jury instruction that says the refusal can be considered a presumption the person was intoxicated.
    Answer Applies to: Colorado
    Replied: 5/21/2012
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Well, in CA, one is presumed under the influence if registers a 0.08 BAC or higher (although this can be challenged). Can also get Convicted of a DUI under VC 23152(a) even if no alcohol involved (ie. under influence of drugs). If you are charged with a DUI, you should speak to a DUI attorney about your case.
    Answer Applies to: California
    Replied: 5/21/2012
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