A person is guilty of driving under the influence when his or her BAC (blood alcohol content) reaches 0.08 or more.


In order to be charged with a DUI, the state must prove two things beyond a reasonable doubt:

  1. The defendant drove or was in physical control of the vehicle; and
  2. The defendant was under the influence of alcoholic beverages of controlled substance resulting in the impairment of normal faculties (defined by a BAC of 0.08 or more).


After a night of drinking, a man decides to drive his car home from the bar. During his drive, he gets pulled over for speeding, and is determined by the officer to be impaired (through either a breathalyzer, urine test, or field sobriety test). The officer can now charge the man with a DUI.

Maximum Penalty

In addition to fines, the defendant will have:

  1. License suspension – 6 months to 1 year
  2. Probation – 1 year or less
  3. Community service – 50 hours
  4. Vehicle impoundment – 10 days following the DUI charge
  5. Substance abuse classes
  6. Probation – up to 1 year
  7. Possible jail time – up to 1 year