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:
- The defendant drove or was in physical control of the vehicle; and
- 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.
In addition to fines, the defendant will have:
- License suspension – 6 months to 1 year
- Probation – 1 year or less
- Community service – 50 hours
- Vehicle impoundment – 10 days following the DUI charge
- Substance abuse classes
- Probation – up to 1 year
- Possible jail time – up to 1 year